Dispute delays counting of ballots for Metroland Muskoka union

Metroland Muskoka employees will have to wait until at least Feb. 28 for their votes to be counted on the issue of joining the CEP Local 87M media union because of a dispute over who is, and isn't, included in the bargaining unit.

A certification vote was held for the proposed Metroland Muskoka unit on August 10 but, because there are a large number of disputed positions, the votes haven’t been counted and won’t be until at least the majority of the disputed positions are resolved by the Ontario Labour Relations Board or by agreement between management and the union.
The union's application for certification included editorial, admin and sales employees at the Bracebridge office and at its satellite office in Gravenhurst.
The cert application did not include production staff and the employer claimed that it would be a serious disruption to labour relations to have a workplace where everyone but the production staff was unionized.
The union has argued that the company has already announced that it is outsourcing the production staff to India so it’s obvious that their work isn’t so integrated into the other departments that it would be harmful to the business to leave them out of the union. Besides, there are many examples at newspapers where the production department is, or isn’t, organized separately from other departments.
In the end, the Ontario Labour Relations Board has the responsibility to decide if the proposed unit is “appropriate,” as defined over many years of caselaw.
The union believes it has a very good chance of winning this argument but it will likely take several months of hearing time before the labour board to resolve the issue.
Three other positions are being disputed on the grounds that they are management. Management personnel cannot be part of a unionzed bargaining unit but the labour board determines if they are management based on their duties, such as the power to hire and fire, not on their job titles.
The hearings begin Feb. 27 and 28.