Local 262 v. PSAC (Student’s local/SETUE) and CUPE [2010] QCCRT 0102 (Quebec Labour Relations Board)

Application for certification.  French language decision.  In November 2009, local 262 filed to certify the Pierre Peladeau Centre – an 850 seat theatre venue which was taken over by the University of Quebec at Montreal (UQAM) in 2006.  Since the take-over, the theatre has continued to be used as a live theatre venue with shows open to the public.  The bargaining unit sought contained 24 employees of which 6 were students of UQAM—including ushers, bartenders and supervisors.  Local 56 had organized stagehands working at the theatre in 2002 and maintained its certification after UQAM became the successor employer.   The PSAC/SETUE and the CUPE both contested local 262’s application for certification arguing that the employees fell within their existing bargaining units.  The PSAC/SETUE represents students working at UQAM, including ushers working at UQAM’s theatre school run venues (of which there are three).  The CUPE represents various workers at the UQAM, including bartenders at the student-school run venues.  The Board rejected the arguments of the PSAC/SETUE and the CUPE, mainly on the basis that they had made no efforts whatsoever to organize or include the Centre’s employees within their existing units.  In granting local 262 the certification, the Board found that the bargaining unit applied for was distinct and appropriate for bargaining, there was a community of interest between the employees within the unit,  and placed particular significance on the employees’ desire to be represented by the same union (albeit a different local) as the stagehands working at the Centre (i.e., local 56). 

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