1843-01-R Canadian University Workers Union (C.U.W.), Applicant v. McMaster University (FT unit), Responding Party v. Service Employees’ International Union, Local 532, Intervenor.
1847-01-R Canadian University Workers Union (C.U.W.), Applicant v. McMaster University (PT unit), Responding Party v. Service Employees’ International Union, Local 532, Intervenor.
BEFORE: Mary Anne McKellar, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; October 9, 2001
1These are displacement applications for certification.
2The applicant has not previously been found to be a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (the “Act”). The applicant is therefore directed to file with the Board and deliver to the other parties by October 16, 2001, copies of all materials upon which it intends to rely in establishing that it is a trade union within the meaning of the Act. If the responding party or the intervenor dispute the applicant’s trade union status, they must so advise the Board and the other parties in writing by October 23, 2001. Any outstanding dispute about the trade union status of the applicant may be dealt with by the Board at a hearing after the vote, if necessary.
3The employees are currently represented by the intervenor.
4It appears to the Board on an examination of only the information provided in the application in Board File No. 1843-01-R 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. Further, this application appears to be timely. This application is in respect of a bargaining unit of full-time employees.
5It appears to the Board on an examination of only the information provided in the application in Board File No. 1847-01-R 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. Further, this application appears to be timely. This application is in respect of a bargaining unit of part-time employees.
6The responding party and the intervenor take the position that the bargaining unit and voting constituency should comprise the combined full-time and part-time bargaining units. The responding party has filed section 8.1 objections, which are not numerically significant with respect to the applicant’s proposed bargaining units. The applicant has established sufficient membership support in its proposed bargaining units for the purposes of obtaining a representation votes and having those votes counted.
7Having regard to the fact that these are displacement applications for certification and to the fact that the proposed bargaining unit in the application in Board File No. 1843-01-R replicates the recognition clause of the current collective agreement between the responding party and the intervenor, and that Appendix “C” to that collective agreement provides a separate recognition clause for part-time employees “as per Labour Board certificate”, the Board finds that separate full and part-time bargaining units could be appropriate. A determination as to what is/are the appropriate unit(s) may be dealt with at a hearing after the vote, if necessary.
8With respect to the application in Board File No. 1843-01-R, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of McMaster University in the Hospitality Services Division of the Employer on its present campus in the City of Hamilton save and except Chefs, Assistant Managers, Supervisors, persons above the rank of Chefs, office staff, Head Baker, persons hired under a rehabilitation program, and persons regularly employed for not more than 24 hours per week
9With respect to the application in Board File No. 1847-01-R directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of McMaster University in its Food Services Division, on its present campus in the City of Hamilton regularly employed for not more than twenty-four (24) hours per week, save and except Chefs, Assistant Managers, and Supervisors, persons above the rank of Chef, Assistant Managers and Supervisors, office staff, Head Baker, persons hired under a rehabilitation program, and employees in bargaining units for which any trade union held bargaining rights as of December 23, 1987.
10The votes will be held on October 11, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
11All individuals who had an employment relationship with the responding party in the voting constituency on October 3, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 3, 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.
12Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
13The 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 "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
14Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
15The matter is referred to the Registrar.
“Mary Anne McKellar”
for the Board