Ontario Labour Relations Board

File No.: 0726-01-R

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. The Waterloo Catholic District School Board, Responding Party v. Service Employees International Union, Local 220; International Union of Painters & Allied Trades, Local 1824, Intervenors.

BEFORE: Stephen Raymond, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.

DECISION OF THE BOARD; July 20, 2001

1. This is a displacement application for certification.

2. Pursuant to the Board’s direction of June 12, 2001, a representation vote was taken on June 14, 2001.

3. The Board has received representation dated June 20, 2001. Having regard to the letter from the applicant dated June 21, 2001, these issues are resolved and a certificate can issue.

4. Having regard to the agreement of the parties, the Board further finds that:

all employees of The Waterloo Catholic District School Board engaged in maintenance, services, plant operations, storepersons and couriers, save and except forepersons and persons above the rank of foreperson, office staff, students employed during the school vacation period and Co-op Plan, University students, paraprofessionals.

Clarity Note: For purposes of clarity, “maintenance service and plant operations” mentioned above specifically mean building and ground maintenance and service operations related to building and grounds (referred to as plant) and does not include such specialized maintenance and services as library book maintenance, audio visual equipment maintenance, musical instrument maintenance, library services, psychological services, guidance services, etc.

Clarity Note: For purposes of clarity, the bargaining unit which the Board finds to be appropriate in this application does not affect in any way the bargaining rights acquired by International Union of Painters and Allied Trades, Local 1824 (formerly, the International Brotherhood of Painters and Allied Trades, Local 1824) under the certificate issued to it by the Board on December 21, 1990 in O.L.R.B. File No. 1373-90-R and held under the Provincial Agreements from time to time in effect between the International Union of Painters and Allied Trades (formerly, the International Brotherhood of Painters and Allied Trades) and the Ontario Council of the International Union of Painters and Allied Trades (formerly, the Ontario Council of the International Brotherhood of Painters and Allied Trades) with the Ontario Painting Contractors Association, Acoustical Association Ontario and Interior Systems Contractors Association of Ontario binding upon The Waterloo Catholic District School Board,

constitute a unit of employees of the responding party appropriate for collective bargaining.

5. 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.

6. A certificate will issue to the applicant.

7. The 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.

8. Meeting and hearing dates set previously are hereby cancelled.

9. The 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