Elementary Teachers’ Federation of Ontario v. Lakehead District School Board
1994-01-R Elementary Teachers’ Federation of Ontario, Applicant v. Lakehead District School Board, Responding Party v. Ontario Secondary School Teachers’ Federation, Intervenor.
2033-01-R Ontario Secondary School Teachers’ Federation, Applicant v. Lakehead District School Board, Responding Party v. Elementary Teachers’ Federation of Ontario, Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; November 13, 2001
1These are two applications for certification. Board File No. 2033-01-R is a later application by the Ontario Secondary School Teachers’ Federation in which the Board postponed consideration pending the disposition of Board File No. 1994-01-R.
2By decision dated October 23, 2001, the Board directed the taking of a representation vote in Board File No. 1994-01-R which was held on October 25, 2001. On the taking of that vote more than fifty percent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant. Also in that decision the Board stated that it had not previously found that the Elementary Teachers’ Federation of Ontario (“ETFO”) was a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”). The Board directed the ETFO to file submissions in support it its position on trade union status. This decision deals with those submissions. There are no other matters outstanding in this application.
3The ETFO submits that it is deemed to be a trade union by virtue of: (a) the provisions of the Education Act and (b) the fact that the applicant’s activities and objectives meet the test for trade union status based on the Board’s usual criteria for making that determination.
4In respect of (a) above, the ETFO directs the Board’s attention to the relevant sections of the Education Act which designate it as bargaining agent for teachers and occasional teachers culminating with the reference to section 277.13(2)(a) of the Education Act which provides that a designated bargaining “shall be deemed to be a trade union for purposes of the Labour Relations Act, 1995”.
5In respect of (b) above, the ETFO has provided in its submissions and documentary evidence clear support for the position that it is a trade union within the meaning of the Act including but not limited to its constitution and by-laws. The ETFO has also noted in its submissions that the Board has recognized it as bargaining agent in other Board proceedings.
6Having reviewed the submissions of the ETFO, it is clear that it is entitled to trade union status on the basis of either of the positions upon which it seeks to attain it. Section 1(1) of the Act defines a trade union as:
"trade union" means an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national, or international trade union, a certified council of trade unions and a designated or certified employee bargaining agency.
7The Board declares that the Elementary Teachers’ Federation of Ontario is a trade union within the meaning section 1(1) of the Act.
8Having regard to that determination and the results of the representation vote, a certificate will issue to the ETFO for:
all Early Childhood Educators employed by the Lakehead District School Board, save and except supervisors and those above the rank of supervisor.
Clarity Note: The term “supervisor” refers to those individuals who exercise managerial functions, or are employed in a confidential capacity in matters relating to labour relations, within the meaning of s.1(3)(b).
9The 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.
10Meeting and hearing dates set previously are hereby cancelled.
11Having regard to this decision, the application in Board File No. 2033-01-R is dismissed.
12The 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.
“Marilyn Silverman”
for the Board