Association of Professional Ambulance Employees (APAE) v. City of Toronto, Toronto Emergency Medical Services
2456-01-R Association of Professional Ambulance Employees (APAE), Applicant v. City of Toronto, Toronto Emergency Medical Services, Responding Party v. Toronto Civic Employees’ Union, Local 416, Intervenor v. Canadian Union of Public Employees, Local 79, Intervenor.
BEFORE: Christopher J. Albertyn, Vice-Chair and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 27, 2001
This is a certification application under the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended ("the Act").
There will be a hearing in this matter in the near future at which the Board will determine whether the bargaining unit proposed by the applicant is appropriate for collective bargaining, whether a representation vote should be held and any matters arising.
This decision deals only with the applicant’s status. The applicant has filed material to show that it is a trade union as contemplated under section 1(1) of the Act. That material includes its constitution; letters patent; minutes of its first meeting on December 1, 1999, at which its constitution was approved; minutes of its general meeting of October 19, 2001, at which its current name was adopted; a blank official receipt of union dues; entries of its September 2001 statement of accounts; and a blank membership form.
In response to that material, the intervenors, Locals 416 and 79, separately pointed out their difficulties with the applicant’s material. In particular, they queried why union dues were being deducted from members’ earnings without the existence of a collective agreement with the responding employer, the City. Further, they say the applicant’s material does not disclose whether employees present at the meeting when the applicant’s constitution was adopted were admitted to membership or had their membership confirmed.
Both queries are answered by the applicant. In further submissions the applicant provides minutes of an earlier meeting on December 1, 1999. At that meeting the individuals present signed applications for membership and those applications were accepted. At the later meeting a revised constitution was adopted and an executive committee elected. As regards the deduction of union dues, the applicant provides a representative sample of employee authorizations, authorizing the Toronto Municipal Employees Credit Union Limited to execute payroll deductions for the applicant’s members. Those deductions are deposited into the applicant’s bank account.
Having considered these representations, the Board finds the applicant to be a trade union under section 1(1) of the Act.
“Christopher J. Albertyn”
for the Board