Employee Communication

 

What follows is the text of what the employer intends to deliver to your homes. Take it for what it is and read it if you wish. The information in this letter is quite accurate and as stated in this letter it is your right to change unions. Even the employer recognizes this.

November 18, 2011

First Last Name

Address

Dear Name:

We understand that Local 278 was recently placed under Trusteeship by OPSEU and that there has been an internal process underway regarding union representation. We appreciate that there appears to be an effort to keep Security Officers informed and to involve them in this process. However, it is important to note that this internal process is not managed by the Ontario Labour Relations Board (“the Board”). Union Certification issued by the Board may only be amended by the Board in accordance with the Labour Relations Act.

It is our wish that all of our employees are informed about their legal rights and that decisions are basedon this knowledge. We have always said during certification campaigns that we see no reason for union representation, yet we respect our employees’ right to choose.

The Labour Relations Act provides two ways in which your existing representation rights may be altered:

1. Sections 7(4) and 63 provide that a “Displacement Application” or an “Application for Termination of Bargaining Rights” may be brought in the last 3 months of a Collective Agreement. These applications may be made by any union or group of employees where there is 40% support and, if properly filed, will lead to a secret ballot vote administered by the Board.

2. Section 68 of the Act allows the Board to confirm the decision of an existing trade union to “transfer" its rights in the last 3 months of a Collective Agreement. This process may or may not include a secret ballot vote at the discretion of the Board.

As your employer, we have no role in any decisions you may choose to make about how you wish to be represented, or by whom. We have a legal obligation, as long as you have a union representing you, to recognize that union as your exclusive representative and to deal with it on matters relating to your employment.

You may wish to visit www.olrb.gov.on.ca for the text of the Labour Relations Act, and review all the information provided by your Union and elected Executive. As appropriate under the Collective Agreement and the Labour Relations Act, we will try and answer questions that you may have.

We want to thank you in advance for your respectful behaviour and for respecting the rights of your coworkers during this discussion.