Public Service Alliance of Canada v. Canadian Corps of Commissionaires – Ottawa Division, 2001 CanLII 18487 — OLRB | minicounsel

1044-01-R- Public Service Alliance of Canada, Applicant v. Canadian Corps of Commissionaires – Ottawa Division, Responding Party.

BEFORE: Timothy W. Sargeant, Vice-Chair.

DECISION OF THE BOARD; September 27, 2001

1The application has asked that an interim certificate issue.

2The responding party opposes such request.

3Except with respect to the emphasized portions the parties have agreed on the following bargaining unit description:

all employees of the Canadian Corps of Commissionaires – Ottawa Division in the District of Sudbury and the District of Timiskaming, save and except Shift Supervisors at the rank of Sergeant, and persons above such rank.

The applicant’s position is that Shift Supervisors at the rank of Sergeant should be included within the bargaining unit. The responding party’s position is that Shift Supervisors at the rank of Sergeant should be excluded pursuant to section 1(3)(b) of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (the “Act”).

4The Board has determined, however, that the applicant's right to certification cannot be affected by the Board's ultimate decision as to the inclusion or exclusion of the disputed classification. On 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, regardless of the outcome of the dispute over the bargaining unit.

Accordingly, the Board pursuant to its discretion under section 9(2) of the Act, pending the final resolution of the composition of the bargaining unit, certifies the applicant as the bargaining agent for:

Pending the resolution of the status of Shift Supervisors at the rank of Sergeant, a final certificate must await the final determination of the appropriate bargaining unit.

“Timothy W. Sargeant”

for the Board