Ontario Labour Relations Board
0619-01-R Canadian Union of Public Employees, Applicant v. Black Coalition for AIDS Prevention, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 28, 2001
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the "Act").
3It appears to the Board on an examination of only the information provided in the application 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.
4Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Black Coalition for AIDS Prevention in the City of Toronto, save and except Executive Director and persons above the rank of Executive Director.
5The vote will be held on May 30, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on May 23, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 23, 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.
7Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8The 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.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, 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).
10The Board notes that there is a partially completed Confirmation of Posting in this file. It is neither signed nor dated. The responding party is directed to file with the Board a signed and dated Confirmation of Posting on or before May 29, 2001.
11The matter is referred to the Registrar.
"Patrick Kelly"
for the Board