Canadian Union of Public Employees v. The Town of East Gwillimbury
1889-01-R Canadian Union of Public Employees, Applicant v. The Town of East Gwillimbury, Responding Party.
BEFORE: Mary Anne McKellar, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; October 12, 2001
This is an application for certification.
The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
It 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.
The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is significant. The Board directs that the ballot box be sealed and the votes not counted until the Board so orders or the parties agree otherwise.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees employed by the Town of East Gwillimbury, in the Region of York, save and except supervisors and persons above the rank of supervisor and those persons for whom a trade union held bargaining rights on the date of this application.
The vote will be held on October 16, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on October 9, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 9, 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.
The responding party disagrees with the applicant’s proposed bargaining unit description as set out in paragraph 6 above, and proposes the following bargaining unit description:
all employees of the Town of East Gwillimbury in the Region of York save and except supervisors, foremen and co-ordinators and those above the rank of supervisor, foreman and co-ordinator; part-time employees regularly employed less than 24 hours per week; casual employees and students employed during vacation periods or on a cooperative program; administrative assistants to the Director of Corporate Services/Municipal Clerk, Town Engineer, Director of Parks and Recreation; Chief Administrative Officer, Network Administrator; Accounts Payable/Payroll Clerk; Chief Building Official; Senior Planners; and Recreation Program Assistant.
If any individual in dispute as a result of the differences in the proposed bargaining unit descriptions wishes to cast a ballot, that individual shall identify himself or herself as occupying a disputed position 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.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
Any 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).
The matter is referred to the Registrar.
“Mary Anne McKellar”
for the Board