Canadian Union of Public Employees v. Children Achievement Association
File No.: 2076-01-R Date: December 19, 2001 Ontario Labour Relations Board
Before: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD
1The style of cause is hereby amended to reflect the correct name of the responding party: "Children Achievement Association".
2Pursuant to the Board's direction of October 31, 2001, a representation vote was taken on November 2, 2001.
3The Board has received representations dated November 7, 2001 from a number of objecting employees. Having considered these representations, we are satisfied that the objecting employees raised no allegations which, even if proved true, would change the result of the application.
4Having carefully reviewed the representations filed by the objecting employees, the Board finds nothing contained therein that would cause it to disregard the results of the representation vote in this matter. Although the objecting employees complain about the short period between notification of the vote and the date of the vote, the Board notes that a relatively short notice period is necessitated by the requirement under the terms of the Labour Relations Act, 1995 (the “Act”) that the Board hold a representation vote within five (5) days after the day on which the application for certification is filed with the Board, unless it directs otherwise. The Board’s normal procedures in certification matters were followed in this case. The Board further notes that there is no requirement under the Act that the union notify all employees in advance of its intention to file a certification application, nor is there any requirement that the union conduct information meetings with employees prior to the vote.
5For these reasons, the Board will issue a final decision in this matter without a hearing.
6Having regard to the agreement of the parties, the Board finds that:
all employees of Children Achievement Association in the City of Windsor and the City of Chatham, save and except Managers, persons above the rank of Manager, secretary to the Executive Director and students working as interns,
Clarity Note #1:
For the purposes of clarity, the parties are agreed an intern refers to an individual employed for not more than twelve months through the University of Windsor’s PHD studies in psychology program. It is further agreed by the parties that in any given term there shall be no more than 3 interns employed for this purpose;
Clarity Note #2:
For the purposes of clarity, the parties are agreed that individuals employed on a causal basis are employees for the purposes of this bargaining unit description;
constitute a unit of employees of the responding party appropriate for collective bargaining.
7On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
8A certificate will issue to the applicant.
9The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
10Meeting and hearing dates set previously are hereby cancelled.
11The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“Caroline Rowan”
for the Board