York and CUPE 3903 Correspondence

York University welcomes the confirmation by CUPE 3903 that it will hold a ratification vote of all Unit 2 members tomorrow, Wednesday, June 13, from 5-10 p.m. Over the past 24 hours, York and CUPE 3903's Unit 2 bargaining team have been corresponding in relation to the ratification vote. Read below some of the key correspondence.

Correspondence from CUPE 3903 to York – June 11

Mr. Mortimer,

My client has considered your response and advises that they will proceed with a ratification vote on Wednesday. The vote will involve only the Unit 2 offer.

My client appreciates the continuing offer of assistance regarding ASL interpreting and your client can likely anticipate followup in that regard. They will require ASL interpretation from 5 to 9 PM.

Richard A. Blair
Ryder Wright Blair & Holmes LLP

Response from York to CUPE 3903 – June 12

Dear Mr. Blair

While I am certain you will have advised your client accordingly, I am writing to ensure that the Unit 2 ratification vote is conducted in accordance with the Labour Relations Act.

Section 79(7-9) states:

Strike or ratification vote to be secret

(7) A strike vote or a vote to ratify a proposed collective agreement or memorandum of settlement taken by a trade union shall be by ballots cast in such a manner that persons expressing their choice cannot be identified with the choice expressed. 1995, c. 1, Sched. A, s. 79 (7).

Right to vote

(8) All employees in a bargaining unit, whether or not the employees are members of the trade union or of any constituent union of a council of trade unions, shall be entitled to participate in a strike vote or a vote to ratify a proposed collective agreement or memorandum of settlement. 1995, c. 1, Sched. A, s. 79 (8).

Opportunity to vote

(9) Any vote mentioned in subsection (7) shall be conducted in such a manner that those entitled to vote have ample opportunity to cast their ballots. If the vote taken is otherwise than by mail, the time and place for voting must be reasonably convenient. 1995, c. 1, Sched. A, s. 7

The Union GMM rules of admission and quorum would not have application. All unit 2 employees, whether members in good standing or not, must be provided the opportunity for a secret ballot vote. The presence or lack of presence of “quorum”, including persons from other Units which have been set under the Union’s by-laws also would not apply as the vote is Unit 2 specific.

Thank you for ensuring a full and fair process.

Simon Mortimer
Hicks Morley