0120-01-R Canadian Union of Public Employees, Applicant v. Umbrella Family Childcare Center, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; April 17, 2001
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3The responding party, although duly served with the application material on April 10, 2001, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 69 of the Board's Rules of Procedure. Similarly, the Canadian Union of Public Employees Local 3491, an entity identified by the applicant as being affected in this matter, did not intervene although it too was served with the application material on April 10, 2001.
4It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees employed less than 24 hrs by Umbrella Family Childcare Center in the City of Hamilton save and except Supervisors and those people who rank higher than supervisor and employees already covered by a collective agreement, students and volunteers.
6The vote will be held on April 19, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on April 10, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 10, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The Board notes that there is no completed Confirmation of Posting in this file. To the extent the responding party failed to make and post copies of the Application for Certification (Form A-1) and/or the Notice to Employees of Application for Certification (Form C-2) as directed by the Registrar in Confirmation of Filing of Application for Certification dated April 11, 2001, it is directed to do so immediately. These copies must remain posted for a period of 30 days. The responding party is further directed to file with the Board a completed Confirmation of Posting verifying that the above-mentioned copies have been posted appropriately, and to do so before the end of business on April 18, 2001.
10The responding party is directed to post copies of this decision and of the “Notice of Vote and of Hearing” adjacent to each of the posted copies of the Forms referred to in paragraph 9 above. These copies must remain posted for 30 days.
11Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
12The matter is referred to the Registrar.
“Patrick Kelly”
for the Board