3817-00-PS Canadian Union of Public Employees, Local 932, Applicant v. Hamilton Public Library Board, Responding Party.
BEFORE: Anthony Brown, Vice Chair.
DECISION OF THE BOARD; June 4, 2001
1This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997 (the "Act") respecting bargaining rights of Canadian Union of Public Employees, Local 932 in respect of employees of the new Hamilton Public Library Board, (the "employer").
2The Act addresses certain collective bargaining issues resulting from municipal amalgamations (and similar changes at the municipal level), school board changes, hospital restructuring and other types of occurrences. The Act gives the Board the power to determine new bargaining unit configurations and to appoint new bargaining agents. The statute also contemplates that the bargaining parties may agree on how these matters should be decided without any formal adjudication by the Board.
3At this point in the proceeding, the parties are:
Canadian Union of Public Employees, Local 932
Hamilton Public Library Board (an amalgamation of the Hamilton Public Library Board, Dundas Public Library Board and Wentworth Public Library Board)
4The successor employer has not identified (in its pleading) any other bargaining agent that represents affected employees.
5Obviously, it is in the interest of the parties and the public, if this matter can be settled, or if it is to be litigated, that that be done in an economical and expeditious manner; moreover (as seems likely) much of the background and many of the facts may not be in dispute. In the circumstances, and pursuant to section 37(3) of the Act, the Board has appointed a Board Officer to meet with the parties for the purpose of resolving the matters in dispute in whole or in part.
6It appears from the pleadings and correspondence filed with the Board that the parties have been able to agree on many items that would otherwise have to be determined by the Board. The parties were scheduled to meet with a Labour Relations Officer on April 24, 2001 but agreed that there would be little purpose in meeting on that particular date. The employer indicated that the new library board would not be able to make decisions on collective bargaining matters until after May, 2, 2001.
7In the Board’s view, it is important the matters outstanding between the parties be resolved expeditiously, as envisaged by the Act. Accordingly, the parties are advised that the Board will schedule this application for a consultation or hearing forthwith unless the parties promptly reach an agreement (and there are no valid employee statements filed).
8The parties are directed to advise the Board by no later than June 15, 2001 of the status of their discussions.
9The employer is directed to post copies of this decision in the workplace immediately. A sufficient number are to be posted where they are most likely to come to the attention of all employees who may be affected by the application. The employer must keep them posted until June 15, 2001.
10Employees wishing to participate in this proceeding must file three (3) copies of a written statement with the Board (at its offices at 505 University Avenue, 2nd floor, Toronto, Ontario M5G 2P1) not later than seven days after the date of this decision. The statement must set out their name, address and phone number, facsimile number (if any), the file number that appears at the top of this decision, the names of the applicant and responding party and a detailed statement of what they want the Board to consider. Before filing a statement with the Board, an employee must deliver a copy to the applicant and to the responding party and must verify that it has done so. (The correct names and addresses of the applicant and responding party appear in the Registrar's letter that is posted with this decision.) The statement must also include the names and titles of the persons to whom the documents were delivered and information regarding the date, time and method of delivery. Employees, however, should not write to the Board if the only thing they want to say is that they support or do not support a particular bargaining agent. If the Board decides that an employee's statement will not change the result of the application, the Board may decide the application without further notice to that employee.
“Anthony Brown”
for the Board