Date:

August 6, 2009

To:

Post-Doctoral Fellows; (CC: PDAD&C, Principal Investigators)

From:

Cheryl Misak, Vice-President and Provost; Angela Hildyard, Vice-President, Human Resources and Equity

Re:

VOTING INFORMATION – Second CUPE Application for Trade Union Certification of Post-Doctoral Fellows

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FOR IMMEDIATE DISTRIBUTION

The Ontario Labour Relations Board (“OLRB”) has ordered that a vote take place on Monday August 10, 2009 at the following locations and times:

Main Lobby, Sidney Smith Hall, 100 St. George Street, Toronto, Ontario
Hours: 10:00 A.M. to 4:00 P.M.

The Meeting Place, UTM, South Building, 3359 Mississauga Road North,
Hours: 12:00 P.M.(noon) to 1:00 P.M.

The Meeting Place, UTSC, 1265 Military Trail
Hours: 12:00 P.M.(noon) to 1:00 P.M.
The University requested longer hours at each location and a vote spread over two days so that all post-doctoral fellows have an opportunity to cast their ballot, but this request was denied by the OLRB. This is the only opportunity for post-doctoral fellows to cast their ballots on this important matter. The OLRB will not order any additional dates, times and/or locations for voting.

The outcome of the vote will be determined by a majority of those casting ballots, not a majority of those eligible to vote. Thus, if only 100 post-doctoral fellows vote, out of a possible voting constituency of more than 500, and if only 51 vote in favour of CUPE, those 51 will determine the outcome for all 500 members of the constituency. We therefore urge you to attend at one of polling stations at the locations and times above and cast your ballot. We also ask that you advise other post-doctoral fellows of the vote details and urge them to participate as well.

We have received a number of inquiries on who is eligible to vote and which post-doctoral fellows are included and excluded in the Union’s proposed bargaining unit. That matter has not yet been decided. It is important to understand that it is the Ontario Labour Relations Board, not the University, who will determine what the voting constituency will be and what the proper interpretation of the bargaining unit applied for will be. If you have any doubt about whether you fall within the proposed bargaining unit, you should vote. The University has requested that ballots be segregated, so that differences in interpretation regarding the proposed bargaining unit, and what bargaining unit is appropriate, can be sorted out later, after the vote. In fact, the OLRB in its Notice of Vote and Hearing (Form B-2) advises that:

“If employees believe that they are eligible to vote, or have any question as to their eligibility to vote, they should attend at a polling place and identify themselves to the Board Officer conducting the vote. If an employee’s eligibility to vote is unclear or in dispute, the employee will be given an opportunity to mark a ballot, but it will be segregated. This means that the ballot will be sealed in a separate envelope until the employee’s eligibility to vote has been determined.” [emphasis added]

Copies of all the OLRB Notices are being posted across the University on department posting boards and are on the University’s Labour Relations website: https://people.utoronto.ca/labourrelations/pdf.htm. Please read this material and check this website regularly for updates.

If you have any questions in the meantime, please contact Mary Ann McConkey, Director of Labour Relations atmaryann.mcconkey@utoronto.ca or at 416-978-0465.