2884-00-R Ontario Public Service Employees Union, Applicant v. The Corporation of The Township of Moore, Responding Party v. United Automobile Aerospace and Agricultural Implement Workers of America Local 251, Intervenor.
2908-00-PS Corporation of the Township of St. Clair, Applicant v. International Union United Automobile, Aerospace and Agricultural Implement Workers of America (UAW-CLC) Local 251, Responding Party v. Ontario Public Service Employees Union, Intervenor.
BEFORE: Stephen Raymond, Vice-Chair.
APPEARANCES: Richard Blair, Linda Kernohan, Stephanie Bigras and Julie Dolbear for Ontario Public Service Employees Union; Daniel Leone and Donald E. Lougheed for The Corporation of the Township of Moore; Jim Fyshe and Sonny Ingram for International Union of United Automobile, Aerospace and Agricultural Implement Workers of America (UAW-CLC) Local 251.
DECISION OF THE BOARD; November 13, 2001
A hearing was held in these matters on November 8, 2001. The purpose of the hearing was to determine the application of section 23 (5) of the Public Sector Labour Relations Transition Act, 1997 (the “PSLRT”) to the circumstances of this matter. The section deals with situations in which employees will be given an opportunity to vote to have no bargaining agent after a public sector reorganization. That section states:
(5) If 40 per cent or more of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date, the ballot must include having no bargaining agent as a choice.
The employer takes the position that 40 percent or more of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date (January 1, 2001). OPSEU and the UAW take the position that is not the case. If the employer is correct, employees will be given the choice as to whether they wish to be represented by OPSEU or the UAW or, alternatively, have no bargaining agent. If OPSEU and the UAW are correct, employees will be given the choice as to whether they wish to be represented by OPSEU or the UAW.
In order to determine the number of employees in the bargaining unit who were not represented by a bargaining agent, the Board must determine the number of employees in the bargaining unit on December 31, 2000 (the last day immediately preceding the changeover date) and the number of those employees who were represented by a bargaining agent.
The information necessary to make that determination was not available at the hearing.
Accordingly, the Board directed as follows:
(a) by on or before 5 p.m. on November 12, 2001, the employer will deliver to the counsel for the UAW, the counsel for OPSEU, and to the Board directly, a copy of the payroll records for all non-full-time employees of the employer (and its predecessors) for the 8 week period ending in the week of December 31, 2000;
(b) by on or before 5 p.m. on November 15, 2001, counsel for the UAW and counsel for OPSEU will advise each other, the counsel for the employer, and the Board, as to whether there is any disagreement as to the number of employees in the bargaining unit as of December 31, 2000;
(c) a hearing will be held on any and all outstanding issues in these applications on November 21, 2001 commencing at 9: 30 a.m. “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario. The Board will issue its decision following the hearing on or before December 3, 2001;
(d) a meeting with the Labour Relations Officer, Ms. Dale Gordon will be held on December 4, 2001 commencing at 4:00 p.m. at 505 University Avenue, “Board Room”, 2nd Floor, Toronto, Ontario or at any other time and place as the parties and the Officer may agree;
(e) a vote will be held at the premises of the employer on December 11, 2001 at which time employees will be given the opportunity to vote. The form of the ballot and the choices on the ballot will be determined prior to the vote and communicated with the employees. Other vote arrangements will be as set out by the Registrar of the Board and will be communicated to the employees by way of a Notice of Vote Arrangements.
- The employer is directed to post a copy of this decision in a conspicuous location(s) in the workplace where it is likely to come to the attention of the employees. The decision shall remain posted for a period of 30 calendar days.
“Stephen Raymond”
for the Board