[1983] OLRB Rep. December 2066
1764-83-R International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada Local 105 - London, Applicant, v. Premier Operating Corporation, Respondent
BEFORE: D. E. Franks, Vice-Chairman, and Board Members W. G. Donnelly and F. S. Cooke.
APPEARANCES: Alan L. Cowley, John C. Brady and Eric W. Drennan for the applicant; B. R. Baldwin, J. G. Knight and R. F Friedland for the respondent.
DECISION OF THE BOARD; December 8, 1983
1This is an application for certification.
3The Registrar advised the applicant prior to the hearing in this matter that it will be required at the hearing to satisfy the Board that its organization is a trade union within the meaning of section 1(1)(p) of the Labour Relations Act. At the hearing in this matter, the respondent filed with the Board the constitution and by-laws of the applicant local trade union. Accordingly, the Board finds that the applicant is a trade union within the meaning of section 1(1)(p) of the Labour Relations Act.
4The applicant and the respondent have agreed that the appropriate bargaining unit in the present case is a bargaining unit consisting of all projectionists in the employ of the respondent at the Park Theatre and Mustang Drive-In Theatre in Goderich, Ontario, save and except manager projectionists, and those above the rank of manager projectionist. The respondent questioned whether the part-time employees in the present case should constitute a separate bargaining unit from the full-time projectionists. The Board's policy with respect to part-time bargaining units in relation to craft bargaining units such as the present application is stated in Inland Publishing Co., Limited [1969] OLRB Rep. 1341 where the Board stated:
"3. … It is also not the usual policy of the Board to exclude '24 hour people' or students from a craft unit. If such persons are employed and they are in fact craftsmen, then they are normally included in a craft unit. No arguments have been advanced by the respondent which in our view, would justify a departure from our usual policy in such matters. The case relied on by the respondent involving the present intervener and respondent did not involve a craft bargaining unit".
Accordingly, having regard to the agreement of the parties the Board therefore finds that all projectionists in the employ of the respondent at the Park Theatre and Mustang Drive-In Theatre in Goderich, Ontario, save and except manager projectionists and those above the rank of manager projectionist, constitute a unit of employees appropriate for collective bargaining.
5The Board is satisfied, on the basis of all of the evidence before it, that more than fifty-five per cent of the employees of the respondent in the bargaining unit, at the time the application was made, were members of the applicant on November 15, 1983, the terminal date fixed for this application and the date which the Board determines, under section 103(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.
6A certificate will issue to the applicant.