Canadian Union of Public Employees v. Victorian Order of Nurses, Ottawa-Carleton Branch
3783-00-R Canadian Union of Public Employees, Applicant v. Victorian Order of Nurses, Ottawa-Carleton Branch, Responding Party.
BEFORE: Stephen Raymond, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; June 7, 2001
1Except with respect to the positions of technical employees, Systems Co-ordinator and Finance Clerk, the parties have agreed on the following bargaining unit description:
all office and clerical employees of the Victorian Order of Nurses, Ottawa-Carleton Branch, in the City of Ottawa, save and except supervisors, persons above the rank of supervisor, Executive Assistant to the Executive Director and HR Assistant.
2The 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 classifications. 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.
3Accordingly, the Board pursuant to its discretion under section 9(2) of the Act, having regard to the agreement of the parties and pending the final resolution of the composition of the bargaining unit, certifies the applicant as the bargaining agent for the bargaining unit description set out in paragraph 1 above and pending the resolution of the status of the positions in dispute.
4The purpose of the issuance of a certificate pursuant to secton 9(2) is to assist the parties in commencing, as soon as possible, the process of negotiation of a collective agreement. The Board would expect the parties to resolve their outstanding bargaining unit issues in that process. However, if any party wishes to list this matter for hearing, they may do so by contacting the Registrar of the Board.
5The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
6Meeting and hearing dates set previously are hereby cancelled.
7The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“Stephen Raymond”
for the Board