3816-00-PS The Corporation of the City of Hamilton, Applicant v. Canadian Union of Public Employees, Local 1041; Amalgamated Transit Union, Local 1585, Responding Parties v. Amalgamated Transit Union, Local 107; Canadian Union of Public Employees, and its Local 5167; Ontario Public Service Employees Union, Intervenors.
0089-01-PS The Corporation of the City of Hamilton, Applicant v. Canadian Union of Public Employees, Local 1220; Canadian Union of Public Employees, Local 5167; International Union of Operating Engineers, Local 772; Amalgamated Transit Union, Local 107; and Amalgamated Transit Union, Local 1585, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice Chair.
DECISION OF THE BOARD; April 17, 2001
These are applications 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 5167, Canadian Union of Public Employees, Local 1041, the International Union of Operating Engineers, Local 772, Ontario Public Service Employees Union, the Amalgamated Transit Union, Local 107, and the Amalgamated Transit Union, Local 1585 for employees of The Corporation of the City of Hamilton (the "employer").
The 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.
The employer has filed two separate applications dealing with different groups of employees and bargaining units. In the Board’s view, its consideration of the collective bargaining and labour relations consequences of the amalgamation of the various local authorities into the employer should be considered as a totality, with the full implications of any agreements reached or order made by the Board for the new entity, being considered at one time, rather than in separate applications. To that end, the applications will be consolidated and heard together. However, for correspondence and the filing of submissions both files will need to be referred to.
Without drawing any conclusions as to their bargaining rights, if any, at this point in the proceeding, the parties are:
The Corporation of the City of Hamilton
Canadian Union of Public Employees, Local 5167
Canadian Union of Public Employees, Local 1041
Canadian Union of Public Employees, Local 1220
International Union of Operating Engineers, Local 772
Ontario Public Service Employees Union
Amalgamated Transit Union, Local 107
Amalgamated Transit Union, Local 1585
In addition, the successor employer has identified (in its pleading) each of the bargaining agents that represent its employees. These bargaining agents may be interested in, or affected by, the present application. Accordingly, the employer is hereby directed to immediately send a copy of the following documents to each of those bargaining agents who are not already parties: the applications, the response of each responding party, a blank response form (Form A‑62) and a copy of this decision. The employer is also directed to complete and file with the Board a statement verifying that it has delivered these documents as directed. The statement must include the names and titles of the persons to whom the documents were delivered and information regarding the date, time and method of delivery.
If any of those bargaining agents wish to participate in this case, (and if they have not already filed a response) they must file a response with the Board not later than five days after the date of this decision. Before filing its response with the Board, an intervening bargaining agent must deliver a copy of the completed response to the applicant, to the responding parties identified in the application, and to each of the other bargaining agents identified by the employer in its pleading.
Obviously, 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.
The Officer will report the status of the settlement efforts to the Board no later than May 8, 2001. This report date can be extended by the Registrar upon the written agreement of the parties. The Board will then make such orders (with respect to pleadings or otherwise) or schedule such pre‑hearing conference, or consultation or hearing as appear to be necessary on the basis of the material before it.
The employer is directed to post copies of this decision (as well as the accompanying letter from the Registrar) 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 for a period of sixty (60) calendar days.
Employees 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 parties 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 parties and must verify that it has done so. (The correct names and addresses of the applicant and responding parties 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.
“Christopher J. Albertyn”
for the Board