[1980] OLRB Rep. November 1683
1386-79-R United Electrical, Radio and Machine Workers of America (UE), Applicant, v. RCA Limited, Respondent, v. Canadian Union of Operating Engineers & General Workers, Local 101, Interveners, v. Group of Employees, Objectors
BEFORE: M. G. Picher, Vice-Chairman, and Board Members C. G. Bourne and W. F. Rutherford.
DECISION OF THE BOARD; November 5. 1980
By its decision dated September 16, 1980, [1980] OLRB Rep. Sept. 1316 the Board ordered the taking of a vote among the professional engineers to determine, pursuant to section 6(3) of the Act, whether a majority of them wish to be included in bargaining unit #1. The vote was taken October 23, 1980. The Board received a letter from Mr. N. M. Finney, an objector, registering his displeasure at not having received notice of proceedings in respect of the vote. While he is not himself an engineer, Mr. Finney did represent an engineer who was among the objectors to the application. Mr. Finney did not claim any ultimate prejudice to the rights of the engineer in question, did not protest the sufficiency of the balloting and did not request a hearing.
On the taking of the vote among the professional engineers a majority of them did not express the wish to be included in bargaining unit #1. The Board therefore finds that the following bargaining unit, (hereinafter referred to as bargaining unit #2), constitutes a unit of employees of the respondent appropriate for collective bargaining.
All persons employed by the respondent as professional engineers, save and except Foremen and Administrators, persons above the rank of Foreman and Administrator, students employed during the school vacation periods, students employed during co-operative work terms, and persons covered by existing collective agreements.
The Board is satisfied on the basis of all the evidence before it that not more than forty-five per cent of the employees of the respondent in bargaining unit #2 at the time of the application was made, were members of the applicant on October 30, 1979, the terminal date fixed for this application and the date which the Board determines, under section 92(2)(j) of The Labour Relations Act, to be the time for the purpose of ascertaining membership under section 7(1) of the said Act.
The application is dismissed in respect of bargaining unit #2.