Update on the CEP Displacement Vote Dispute

The parties met for a mediation session on June 2nd, 2010 with the assistance of Ms. P. Buriak a Labour Relations Officer from the Ontario Labour Relations Board. During this session CULE offered to withdraw on the legal issues if CEP was prepared to have the outstanding three segregated ballots counted in with the total. These are the ballots of Don Dudar, Shirley Riva and Adrian Dumitru.

However CEP was not interested in discussing a settlement so our offer was not communicated to them. As a result the representatives of the three parties (PSAC, CEP and CULE) then reviewed available dates for a full hearing before the Board. After some discussions hearing dates of August 23rd and 24th were agreed upon. At that hearing the following outstanding issues will be dealt with. Briefly, CULE’s position on those outstanding issues is as follows:

  1. The bargaining unit is a national one in scope and to carve out those members in Ontario as a separate unit is contrary to the definition of the unit.

  2. The issue of Tom Hamilton being on an acting assignment outside of Ontario yet his substantive position is in Ontario and consequently should have been allowed to vote via a mail-in ballot, but no ballot was issued to him.

  3. As noted previously the 3 segregated ballots in dispute have to be determined if they are to be counted or not. As CEP refused the offer to settle CULE takes its original position that Don Dudar’s substantive position is outside of Ontario so he should not be allowed to vote. Adrian Dumitru was not a member of the bargaining unit at the time of the April 29th application so he should not be allowed to vote. Shirley Riva reports to the Ontario Regional Coordinator and so in effect should be included in the bargaining unit and allowed to have her vote counted (please see the attached document for the PSAC’s and CEP’s position on these segregated ballots).

The written submissions of the parties on these outstanding issues are to be placed before the Board by mid-June prior to the hearing.

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The results of the vote to have a vote are in: 94 eligible to vote (CULE I – 57/CULE II – 37) 59 Ballots cast 23 – No 36 – Yes Watch for more information to come.