McMaster University Staff Association v. McMaster University
File No.: 2484-01-R Date: December 7, 2001 Ontario Labour Relations Board
Between: McMaster University Staff Association, Applicant v. McMaster University, Responding Party v. Regional Medical Associates of Hamilton, Intervenor.
Before: Patrick Kelly, Vice‑Chair.
Decision of the Board
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”).
3In its decision of December 6, 2001, the Board (differently constituted) directed the applicant to file submissions with respect to the identity of the named responding party (“McMaster”) and its relationship to the employees who appear to be affected by the application. Based on the responses filed in this application, it appeared to the Board that the employees were not employed by McMaster. The submissions filed by the applicant challenge that view. The applicant asserts that McMaster is the employer of the employees. That is an issue that may be dealt with by the panel of the Board assigned to hear this matter.
4It 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.
5McMaster disputes that it is the employer of the employees covered by this application, and therefore states there are no employees in the applicant’s proposed bargaining unit. McMaster did not propose a different bargaining unit than that proposed by the applicant. McMaster contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
6McMaster did not provide a Schedule A or Schedule B list of employees, and therefore no information upon which to base a section 8.1 determination. The section 8.1 notice is not valid. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote.
7The Board finds that the bargaining unit described in the application could be appropriate.
8The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the McMaster University unit named “Regional Medical Associates” except for the Executive Director.
9The vote will be held on December 11, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
10All individuals who had an employment relationship with the responding party in the voting constituency on December 3, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 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.
11In the circumstances, the Board is of the view that the ballot box should be sealed, and the Board so directs. The ballots cast are not to be counted until the Board orders or the parties agree.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with McMaster University.
13The responding party is directed to post copies of this decision and of the “Notice of Vote and of Hearing” in a location or locations where it is likely to come to the attention of individuals affected by this application.
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, 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).
15The matter is referred to the Registrar.
“Patrick Kelly”
for the Board