The Corportion of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636; Canadian Union of Public Employees; Canadian Union of Public Employees, Local 799
File No.: 3537-00-R Date: August 23, 2001 Ontario Labour Relations Board
Before: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
Decision of the Board
1This is an application under section 69 of the Labour Relations Act, 1995 ("the Act") alleging a sale of a business.
2In our decision dated July 30, 2001 we declined to order a representation vote, and directed the parties to advise whether there are any remaining issues in dispute. The applicant responded via correspondence dated July 7 and July 10, 2001 wherein it submitted that there were two such issues. One, the Board had yet to declare a sale of business, and second, the bargaining unit description remained to be determined. The applicant suggested that the Board incorporate the terms of a previous draft settlement dated June 4, 2001 which sets out a description of a single bargaining unit that reflects the restructuring of the applicant's organization as a result of the sale. The responding party, International Brotherhood of Electrical Workers, Local 636 ("the IBEW") indicated it was not opposed to the applicant's proposal. The Board did not receive a submission directly from the responding party, Canadian Union of Public Employees and its Local 799 ("CUPE"), although the applicant forwarded to the Board a copy of correspondence dated July 14, 2001 addressed from CUPE to the Board. That correspondence indicates that CUPE agrees a sale of business has occurred, and that it agrees with the bargaining unit description as set out in the draft settlement. Thus the remaining issues of substance in this matter appear to be no longer in dispute.
3In its correspondence of July 14, 2001, CUPE requests further that the Board clarify that the applicant is bound by the collective agreement between the applicant and Local 799 ("the City collective agreement"). The applicant opposes such a clarification, as the City collective agreement has never been in issue in this application. We agree with the applicant's contention that such a declaration would be extraneous to this matter.
4We make the following declarations and orders:
i. There has been a sale of a business from the Quinte West Public Utilities Commission to the applicant in respect of those employees formerly represented by the IBEW, and not identified to be transferred to Hydro One, and in respect of the employees included in the bargaining unit described in the collective agreement between the Quinte West Public Utilities Commission and CUPE Local 799 (Water Pollution Control Plant);
ii. There has been an intermingling of employees transferred to the applicant as a result of the sale with employees covered by the terms of the City collective agreement;
iii. The appropriate bargaining unit covering employees transferred to the applicant as a result of the sale, as well as employees covered by the terms of the City collective agreement:
all employees of the Corporation of the City of Quinte West save and except managers, forepersons and superintendents, persons above the rank of manager, foreperson or superintendent, administrative assistant (corporate services), persons employed in the office of the chief administrative officer, secretary to the fire chief, administrative assistants, tax collector, senior payroll and benefits coordinator, chief building inspector and students.
Clarity Note: lifeguards, summer day care staff, program instructors, crossing guards, seasonal market clerk and volunteer fire fighters are excluded from the bargaining unit.
iv. CUPE Local 799 is the bargaining agent for the employees in the bargaining unit described above.
v. The applicant is no longer bound by the collective agreement between the Quinte West Public Utilities Commission and the IBEW; and
vi. The applicant is no longer bound by the collective agreement between Quinte West Public Utilities Commission and CUPE and its Local 799 (Water Pollution Control Plant).
5This matter is terminated.
"Patrick Kelly"
for the Board```