[1987] OLRB Rep. December 1479
1693-87-R Labourers' International Union of North America, Local 1089, Applicant v. Catalytic Maintenance Inc., Respondent
BEFORE: R. O. MacDowell, Alternate Chair, and Board Members G. O. Shamanski and B. L. Armstrong.
DECISION OF THE BOARD; December 16, 1987
This is an application for certification.
In a decision of the Board dated October 19, 1987, the Board determined the unit of employees appropriate for collective bargaining and appointed an Officer to meet with the parties and inquire into the list and composition of that bargaining unit. The Board also noted that in at least two instances the evidence of membership submitted by the union indicated a signature date after the subject employee was terminated. In this regard the Board directed the parties' attention to the policy enunciated in such cases as Hardman Industries Limited, [1982] OLRB Rep. March 388 and Amplifone Canada Ltd., [19671 OLRB Rep. Dec. 840.
Following the appointment of the Officer, the parties entered into minutes of settlement which provide as follows:
MINUTES OF SETI'LEMENT
The parties agree that the correct list of employees on the application date is as contained on Appendix "A"~ attached hereto. The parties further agree that these individuals were permanently laid-off [sic] and their last day of work was as shown on Appendix "A".
The parties remain in dispute as to whether the Board should count the membership cards, if any, signed by individuals on Append~~ "A", after their last day worked. The parties agree to the following facts in regards to these individuals, these facts facts [sic] along with those contained in paragraph 1, above, constituting all the facts either party wishes to rely upon in this dispute:
(a) On their last day worked the individuals were told by a managerial employee of the respondent that they would be laid-of [sic] permanently beginning at the end of the shift that day.
(b) The individuals were in fact permanently laid-off. [sic]
The parties request that the Board convene a hearing so as to allow the parties opportunity to make argument to the dispute as set out in paragraph 2, above.
The parties hereby waive a formal officer's report in this matter.
(For ease of reference, Appendix "A" has been omitted. We should also note that there are only two membership cards in dispute. In each case the individual signed his/her card after his/her last day worked but prior to the terminal date. If these two cards are counted, the trade union is in a position to be certified without recourse to a representation vote. If they are not counted, a representation vote will be necessary.)
The parties have requested that the Board convene a hearing so that they can make argument about the above-noted issue; however, since there are no facts in dispute, the Board considers it more appropriate to receive their written submissions (which should include any Board jurisprudence or labour relations policy considerations which the parties may consider relevant). The parties will have 30 days from the date hereof to file those submissions with the Board and a further 10 days to file their written replies (if any).
Although not legally seized with this matter, it will be convenient for the present panel to deal with it.