"all persons employed as academic staff or professional librarians by the University of Waterloo based in the Regional Municipality of Waterloo including:If employees believe that they are eligible to vote, or have any questions as to their eligibility to vote, they should attend at a polling place and identify themselves to the Board Officer conducting the vote. If eligibility to vote is unclear, or in dispute, employees will be given an opportunity to mark a ballot, but it will be segregated, meaning it will be sealed in a separate envelope, until eligibility to vote has been determined.save and except for:
- persons holding regular appointments (definite term, probationary or tenured), including fractional-load and reduced work load appointments;
- persons appointed as professional librarians, including librarians whose assigned workload is equivalent to or greater than 50% of a normal workload;
- persons holding full-time or part-time visiting or research appointments;
- persons holding full-time or part-time special, adjunct or staff language instructor appointments, whose assigned workload is equal to or greater than two (2) term courses per year or the equivalent,
- persons at the level of Dean and above, including the President, Vice-Presidents and the University Librarian;
- persons appointed as professional librarians whose assigned workload is less than 50% of a normal workload;
- visiting appointees holding an appointment for one year or less while on leave from another university or comparable institution;
- persons holding visiting, special, adjunct or staff language instructor appointments whose assigned workload is less than two (2) term courses per year, or the equivalent."
Do not sign, number or otherwise mark your balot in such a way as to reveal your identity.
Voters are entitled to vote without interference, restraint or coercion.
Voters may cast a ballot at a polling place during the periods described.
In your employment relations with your employer do you wish to be represented by the applicant union?Dans vos relations de travail avec votre employer desirez-vous etre represente par le requerant syndicat?
If the case is not settled during that meeting, the hearing of the application will begin on the same date, immediately after the meeting, and will continue on consecutive days from Monday to Thursday, excluding Fridays and holidays until completed or as the Board otherwise directs.
The purpose of the hearing is to hear the evidence and representations of the parties with respect to all matters relating to this application which have not been settled.
If employees want to say something to the Board about this application and to participate in any meetings and/or hearings held, they must send a written statement to the Board as described on the Notice to Employees of Application for Certification, not later than April 29, 1996.
If you do not attend the Labour Relations Officer meeting or the hearing, the Board may decide the application without further notice to you and without considering any document you may have filed.
Dated April 11, 1996
Before: Kevin Whitaker, Vice-Chair, and Board Members O. R. McGuire and C. McDonald.
Decision of the Board: April 10, 1996
1. This is an application for certification.
2. The applicant has not yet been found to be a trade union within the meaning of section 1 (1) of the Labour Relations Act, 1995. That issue will be determined following the vote directed herein.
3. It appears to the Board on an examination of the evidence before it, that not less than forty percent 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.
4. The Board directs that a representative vote be taken of the individuals in the following voting constituency:
all persons employed as academic staff or professional librarians by the University of Waterloo based in the Regional Municipality of Waterloo, including:5. The vote will be held on April l7, 1996 and April 18, 1996. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing". Despite the respondent's request that a mail in ballot be permitted for some employees, the Board is of the view that a mail in ballot is not appropriate in these circumstances.save and except for:
- persons holding regular appointments (definite term, probationary or tenured), including fractional-load and reduced work load appointments;
- persons appointed as professional librarians, including librarians whose assigned workload is equivalent to or greater than 50% of a normal workload;
- persons holding full-time or part-time visiting or research appointments;
- persons holding full-time or part-time special, adjunct or staff language instructor appointments, whose assigned workload is equal to or greater than two (2) term courses per year or the equivalent,
- persons at the level of Dean and above, including the President, Vice-Presidents and the University Librarian;
- persons appointed as professional librarians whose assigned workload is less than 50% of a normal workload;
- visiting appointees holding an appointment for one year or less while on leave from another university or comparable institution;
- persons holding visiting, special, adjunct or staff language instructor appointments whose assigned workload is less than two (2) term courses per year, or the equivalent.
6. All individuals who had an employment relationship with the responding party in the voting constituency on April 3, 1996, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 3, 1996, the certification application filing date, include employees who were not work on that date, so long as there is a reasonable expectation of their return to employment.
7. There may be a dispute between the parties as to whether persons otherwise in positions falling within the voting constituency described in paragraph 4 above but employed in the following positions shall be included in the bargaining unit:
8. 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.
9. 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.
10. 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 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 seven days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken.
11. The matter is referred to the Registrar.
Kevin Whitaker
for the board