Ontario Labour Relations Board
[1982] OLRB Rep. May 659
0281-82-R Canadian Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers, Applicant, v. Charterways Transportation Limited, Respondent
BEFORE: R. D. Howe, Vice-Chairman, and Board Members J. D. Bell and O. Hodges.
DECISION OF THE BOARD; May 25, 1982
1This is an application for certification.
2The applicant has requested that a pre-hearing representation vote be taken.
3At the pre-hearing vote meeting convened by a Labour Relations Officer, the parties agreed to the following voting constituency and bargaining unit descriptions:
"Unit #1 - all employees of the respondent at or out of Mississauga, Ontario, save and except mechanics, dispatcher, and persons above the rank of dispatcher, and office staff.
Unit #2 - all employees of the respondent at or out of Mississauga, Ontario, save and except school bus drivers, dispatcher, and persons above the rank of dispatcher and office staff."
Quite apart from the obvious difficulties that could be created by the existence of two "all employee" bargaining units in the event that a new classification was created by the respondent, the Board has some concern that acceptance of the bargaining unit descriptions to which the parties have agreed may result in undue fragmentation of the respondent's work force. In particular, we are concerned about the attempt to create separate bargaining units for mechanics and school bus drivers. In view of our concern in this regard, we will adopt Unit #l as a voting constituency but will permit mechanics to cast segregated ballots in the pre-hearing representation vote. After the vote has been conducted, a hearing will be held for the purpose of receiving and considering the representations of the parties concerning the appropriate bargaining unit(s) and any other outstanding issues, including the respondent's contention (set forth in its Reply) that the Board should exercise its discretion under section 103(2)(i) of the Act to bar this application.
4It appears to the Board on an examination of the records of the applicant and the records of the respondent that not less than thirty-five per cent of the employees of the respondent in the voting constituency hereinafter described were members of the applicant at the time the application was made.
5The Board directs that a pre-hearing representation vote be taken of the employees of the respondent in the following voting constituency:
All employees of the respondent at or out of Mississauga, Ontario, save and except mechanics, dispatcher, persons above the rank of dispatcher, and office staff.
6All employees of the respondent in the voting constituency on the 17th day of May, 1982, who have not voluntarily terminated their employment or who have not been discharged for cause between the 17th day of May, 1982, and the date the vote is taken will be eligible to vote.
7The Board directs that Peter Brown, William Hyde, Robert Law, Allan O'Neill, Ellwood Tait, and all other employees classified by the respondent as mechanics be permitted to cast a ballot in the pre-hearing representation vote and that their ballots be segregated.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the respondent.
9The Registrar is directed to list this matter for hearing following the taking of the vote for the purpose of hearing the submissions of the parties with respect to the appropriate bargaining unit(s) and all other matters arising out of and incidental to this application.
10The matter is referred to the Registrar.