0554-01-R Ontario Public Service Employees Union, Applicant v. Victorian Order of Nurses Waterloo - Wellington - Dufferin Branch, Responding Party v. Practical Nurses Federation of Ontario (PNFO), Intervenor.
BEFORE: Stephen Raymond, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; June 6, 2001
The style of cause is hereby amended to reflect the correct name of the responding party: "Victorian Order of Nurses Waterloo – Wellington – Dufferin Branch".
Pursuant to the Board's direction of May 18, 2001, a representation vote was taken on May 23, 2001.
The Board has received representations on May 28 and 30, 2001. Having considered these representations, we are satisfied that the objecting employees have raised no allegations which, even if proved true, would change the result of the application.
These allegations can be grouped in two general areas. The first is that there was insufficient or unclear notice of the vote. The second is that there were acts of intimidation or coercion by the trade union. As for the first allegation, the Labour Relations Act, 1995 requires the Ontario Labour Relations Board to hold a representation vote within five days after the date on which the application was served. That is precisely what occurred in this application. The objecting employees acknowledge that they were aware of the vote. The notice of the vote clearly identified that all employees were entitled to vote, unless specifically excluded. As for the second type of allegation, the matters raised by an objecting employee as to intimidation or coercion are not matters which even if they were true would normally cause the Board to believe that the true wishes of employees had not been demonstrated in the representation vote.
For these reasons, the Board will issue a final decision in this matter without a hearing.
Having regard to the agreement of the parties, the Board finds that:
all employees of Victorian Order of Nurses Waterloo – Wellington – Dufferin Branch in the Regional Municipality of Waterloo and County of Wellington and County of Dufferin, save and except supervisors and persons above the rank of supervisor, coordinators, administrative, office, clerical staff, and employees in bargaining units for whom any trade union held bargaining rights as of May 15, 2001,
constitute a unit of employees of the responding party appropriate for collective bargaining.
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.
A certificate will issue to the applicant.
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.
Meeting and hearing dates set previously are hereby cancelled.
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