Last January, CUPE applied to the Labour
Relations Board (LRB) seeking declaration that approximately 560 current APSA
positions should be included in its bargaining unit instead of in APSA’s.
This month, as an interested party,
APSA will attend a week-long hearing of Simon Fraser University vs CUPE
at the Labour Relations Board.
2011: A Year of Challenge
January
CUPE applies to the LRB seeking 560 APSA positions. APSA applies for interested party status on
the basis that CUPE’s request directly effects the Association and APSA
employees should have APSA representation.
February
CUPE outlines the scope of their application, stating that APSA positions would not be reverted to CUPE positions
until after the current member left the position.
SFU objects to CUPE’s submission as a large
part of it is based on the findings of a 1997 case with arbitrator Kinzie. The case
placed nine APSA positions, out of an original 22 positions challenged, in
CUPE’s bargaining unit. The award was made without prejudice and without
precedent, meaning the ruling cannot be used as a basis for future disputes.
March
SFU submits their response,
supporting APSA’s request for interested party status, opposing CUPE’s
reference to the Kinzie case and arguing that the positions being challenged should
remain in APSA and do not fall under CUPE’s bargaining unit.
July
CUPE asks to withdraw its original submission. SFU
objects CUPE’s request.
October
LRB grants APSA interested party status.
November
APSA
is given the opportunity to comment on the Kinzie reference used in CUPE's submission. APSA agrees with the University that the Kinzie case was privileged and cannot be used in
CUPE’s submission. CUPE responds and disagrees.
December
The LRB allows CUPE to withdraw their submission and to reference the Kinzie case in it when they resubmit.
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