FPSLREB Decisions
Decision Information
UNIFOR Local 87-M applied for a revocation of its certification for all employees in the Non-Supervisory Printing Services Group because it had ceased to function as a bargaining agent – no employees remained in the bargaining unit and none were expected to be employed in the category covered by the bargaining unit in the future – the last collective agreement related to the group had expired – the Board was satisfied that the applicant no longer wishes to act as the bargaining agent for the group and that no employees will be impacted by the revocation of the certification.
Certification revoked
Decision Content
Date: 20210127
File: 550-02-42103
XR: 525-02-40356, 142-02-334, 548-02-01, and 536-02-05 and 06
Citation: 2021 FPSLREB 4
| Federal Public Sector
Labour Relations Act
|
|
Between
UNIFOR Local 87-M
and
Treasury Board
Indexed as
UNIFOR Local 87-M v. Treasury Board
Before: Margaret T.A. Shannon, Vice-Chairperson, a panel of the Federal Public Sector Labour Relations and Employment Board
For the Applicant: Paul Morse, UNIFOR Local 87-M
For the Respondent: Aline Taillefer-McLaren
Decided on the basis of written submissions,
filed September 18, 2020 and January 15, 2021.
REASONS FOR DECISION
|
I.
Application before the Board
[1]
The applicant, UNIFOR Local 87-M, applied for a revocation of certification under s. 99 of the Federal Public Sector Labour Relations Act (“the Act”) for the certification order issued by the predecessor Federal Public Sector Labour Relations and Employment Board (“the Board”), in accordance with the provisions of the Act, certifying UNIFOR Local 87-M as the bargaining agent for all employees of the employer (the Treasury Board, which is also the respondent) in the Non-Supervisory Printing Services Group as defined in Part I of the Canada Gazette of March 9, 2019.
II.
Summary of the evidence
[2]
The certificate in question was revised by a decision of the Board (2019 FPSLREB 97) on September 27, 2019. As of July 2019, no employees remained in the bargaining unit, and the applicant did not expect that in the future, any employees would be employed in the category covered by the bargaining unit. The last collective agreement related to this group expired on September 18, 2018.
[3]
The respondent confirmed that there are no employees in this bargaining unit.
III.
Summary of the arguments
[4]
The applicant seeks the revocation of its certification as the bargaining agent for the Non-Supervisory Printing Services Group on the basis that it has ceased to function as a bargaining agent. There are no members in the bargaining unit, and the expired collective agreement has not been renewed.
[5]
The respondent does not object to this application.
IV.
Reasons
[6]
The application is granted.
[7]
Section 99 of the Act states as follows:
99 The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent.
[8]
The applicant has satisfied me that it no longer wishes to act as the bargaining agent for the Non-Supervisory Printing Services Group, and no employee will be impacted by the revocation of the certification.
[9]
For all of the above reasons, the Board makes the following order:
(The Order appears on the next page)
V.
Order
[10]
The certification of UNIFOR Local 87-M, as the bargaining agent for all employees of the employer (the Treasury Board) in the Non-Supervisory Printing Services Group, as defined in Part I of the Canada Gazette of March 9, 2019, and as amended by the Board’s decision in 2019 FPSLREB 97, is revoked.
January 27, 2021.
Margaret T.A. Shannon, Vice-Chairperson,
a panel of the Federal Public Sector Labour Relations and Employment Board