1103-01-R Canadian Union of Public Employees, Local 129, Applicant v. Corporation of the City of Pickering and Ajax-Pickering Transit System, Responding Parties v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 222 and Town of Ajax, Intervenors.
BEFORE: Mary Anne McKellar, Vice-Chair.
DECISION OF THE BOARD; October 17, 2001
This is an application under section 69 of the Labour Relations Act, 1995, S.O. 1995 c.l, as amended (the “Act”).
The parties entered into the following Memorandum of Settlement dated September 7, 2001:
MEMORANDUM OF SETTLEMENT
BETWEEN”
Canadian Union of Public Employees, Local 129 (“Applicant” or “CUPE Local 129”)
- and -
Ajax – Pickering Transit Authority and the City of Pickering (“Responding Parties”)
- and -
Town of Ajax and National Automobile, Aerospace and Agricultural Implement Workers and its Local 222 (“Intervenors”)
WHEREAS: the City of Pickering and the Town of Ajax have created the Ajax-Pickering Transit Authority (“APTA”) and transferred their transit operations to APTA;
AND WHEREAS the Applicant applied to the Ontario Labour Relations Board (“the OLRB”) for a declaration that a sale of business has taken place as a result of the creation of APTA;
AND WHEREAS the OLRB has issued a declaration that the creation of APTA amounts to a sale of business, on August 16th, 2001;
AND WHEREAS there are outstanding issues relating to the bargaining on its description and vote that the parties wish to resolve.
NOW THEREFORE, the parties agree as follows:
- The parties agree that the bargaining unit description for APTA will be:
All employees of the Ajax/Pickering Transit Authority in Ajax or Pickering, Ontario, save and except supervisors/managers, persons above the rank of supervisor/manager, the administrative/operations co-ordinator, the parts and inventory clerk, students employed during the school vacation period and Transit Inspectors.
- The parties agree that a vote will be conducted on October 2nd, 2001 at the following locations:
APTA Drivers Room 110 Westney Road Ajax, Ontario
The times for the vote will be:
9:00 – 11:30 am and 1:30 – 5:00 pm
- The parties agree that the options on the ballot at the vote described above will be:
i) CAW - Canada ii) Canadian Union of Public Employees, Local 129
The winner of this vote will obtain bargaining rights with respect to the bargaining unit described in paragraph 2 [sic], subject to the terms of this agreement.
The parties agree that they will finalize a voter’s list by 5:00 pm on Wednesday, September 12th.
APTA agrees that it will provide a voter’s list to the other parties by 5:00 pm on Monday, September 10th 2001. APTA further agrees that it will provide both unions with addresses and telephone numbers of Pickering employees currently represented by CUPE Local 129. CUPE Local 129 hereby consents to the release of such information on behalf of the employees it represents by 5:00 pm Monday, September 10th 2001.
The parties agree that APTA will offer Deanna Wilson the choice of either continuing in her current position of Administrative/Operations Co-ordinator or offer her employment as the Executive Assistant. Ms Wilson will have 1 week to make her decision regarding which option she would prefer to accept.
The parties agree that, if APTA establishes a job description and job duties for the position of Trainer and the selected person has performed the position for three months, the winning union will meet with APTA management to determine whether the training position should be included or excluded from the bargaining unit. In the event that the parties are unable to agree as to whether or not this position is included in the bargaining unit, either APTA or the winning union may refer the question to the OLRB for determination.
The parties agree that the winning union will meet with APTA management to review the inclusion of the position of Dispatcher - Specialized Services within the bargaining unit, in six months from the determination of the winning union. Nothing in this agreement will affect any party’s right to take further steps regarding the inclusion or exclusion of this position in the bargaining unit, where management substantially changes the job responsibilities in accordance with the CUPE collective agreement or any subsequently bargained collective agreement.
The parties agree that the union’s [sic] will have the opportunity to access APTA property (above their regular access for the purpose of carrying out their responsibilities as a bargaining agent) on the following terms:
a) leafletting of employees coming to and leaving from work shall be permitted, within reasonable limits. For greater specificity, reasonable limits does not include leafletting on buses;
b) each bargaining agent shall be entitled, upon provision of 24 hours notice to APTA’s general manager, to attend at both the Pickering and Ajax bus Depot on two (2) occasions at each location, not to exceed four (4) hours for each occasion to meet with employees on an individual basis to discuss issues relating to the vote described herein. For greater specificity no union official will meet with an employee who is supposed to be working, and no employee will be permitted to meet with a union official while he/she is working.
The parties agree that seniority will be dovetailed regardless of which union wins the vote described herein.
APTA agrees that it will not hire non-bargaining unit students when bargaining unit employees are in lay-off.
The parties agree that this agreement amounts to a settlement within the meaning of section 96(7) of the Labour Relations Act.
DATED AT TORONTO THIS 7th Day of September, 2001-10-16
“illegible” Lewis Gottheil for CUPE Local 129 for CWA
Ted Galinis Baba Gajadharsingh for APTA for Pickering
“illegible” for Ajax
By decision dated September 25, 2001, and pursuant to the Memorandum of Settlement the Board directed a representation vote. A majority of the votes cast were in favour of the applicant.
Having regard to the Memorandum of Settlement, this proceeding is hereby terminated.
“Mary Anne McKellar ” for the Board