1384-01-R A. Gourley of CUPE Local 3566 Technical Unit, Applicant v. Canadian Union of Public Employees (CUPE), Responding Party v. Cancer Care Ontario, Hamilton Regional Cancer Centre, Intervenor.
BEFORE: Mary Anne McKellar, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; August 15, 2001
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on August 10, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Cancer Care Ontario, Hamilton Regional Cancer Centre, with an effective date of July 1, 2000, until September 30, 2001. The bargaining unit description in that collective agreement is as follows:
all Radiation Therapists, Radiology Technologists, Electronic Technologists, Computer Technicians, Machinists, Mould Room Technicians, Mould Room Assistants, Senior Radiation Therapists, Physics Technicians and Clinical Instructors in Radiation Therapy employed by Cancer Care Ontario, Hamilton Regional Cancer Centre in the City of Hamilton, save and except staff covered by subsisting collective agreements, those staff included and excluded (except those positions listed above) in the Clerical Unit, Supervisors and persons above the rank of Supervisor and Student Radiation Therapists.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of Cancer Care Ontario, Hamilton Regional Cancer Centre employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on August 10, 2001, the application filing date, will be eligible to vote. The intervenor notes that the recognition clause of the collective agreement “has not been updated to include a complete list of all the current jobs which fall within the bargaining unit”. If any individual occupying any such position not specifically identified in the collective agreement wishes to cast a ballot, such individual shall identify himself or herself and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
5The vote will be held on August 17, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Cancer Care Ontario, Hamilton Regional Cancer Centre.
7The responding party has requested that the ballot box be sealed. On review of the particulars provided in support of the request, the Board declines to order that the ballot box be sealed.
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. 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 termination of bargaining rights, other than status disputes, 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. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Mary Anne McKellar”
for the Board