National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. University of Windsor

0553-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. University of Windsor, Responding Party v. Service Employees International Union Local 210, Intervenor.

BEFORE: Stephen Raymond, Vice‑Chair.

DECISION OF THE BOARD; June 8, 2001

1. No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of May 18, 2001.

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

all clerical, secretarial and office employees employed by the University of Windsor at Windsor, save and except: supervisors and persons above the rank of supervisor; persons employed to undertake specific sponsored research projects; full and part-time officers of instruction together with instructors, sessional appointees, teaching assistants and postdoctoral fellows engaged in teaching and/or research; medical doctors and registered nurses; professional librarians; persons employed in the University Libraries holding the rank of department head or above; administrative assistants and research assistants/associates and systems analysts and persons above such ranks employed in the University libraries; persons regularly employed for more than twenty-four (24) hours per week; students; Secretaries to each of the following: President, Vice Presidents, Assistant Vice-Presidents, Associate Vice-Presidents, Executive Deans, Secretary and General Counsel of the University, Human Rights Commissioner, Clerk of the Senate, Assistant Director of Finance-Accounting and Systems, Assistant Director of Finance-Planning and Budgets, Manager of Computing Services, Secretary of the Board of Governors, Registrar, Administrative Directors and persons above the rank of Administrative Director, University Librarian, Law Librarian, all staff Department of Human Resources; Programmers and Systems Analysts; Telecommunication Supervisor; Assistant Registrars, Special Assistants to Deans; Chauffeur, one (1) Operator Word Processing Institutional Analyst; and save and except persons for whom any trade union held bargaining rights on May 15^th 2001,

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

3. 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.

4. A certificate will issue to the applicant and pursuant to section 62 of the Labour Relations Act, 1995, the intervenor forthwith ceases to represent the employees in the bargaining unit.

5. 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.

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

7. 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