1194-88-R National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada), Applicant v. Dowty Canada Electronics Limited, Respondent
BEFORE: Robert D. Howe, Vice-Chair, and Board Members B. L. Armstrong and R. M. Sloan.
DECISION OF THE BOARD; September 22, 1988
1. This is an application for certification in which the parties have reached agreement on all matters in dispute, with the exception of the matters described below, and consented to the Board issuing a decision in this matter without a formal hearing before a panel of the Board.
2. The Board finds that the applicant is a trade union within the meaning of section l(l)(p) of the Labour Relations Act.
3. The parties are in partial agreement concerning the description and composition of the bargaining unit. The language to which they have agreed is:
all employees of the respondent in Peterborough, Ontario, save and except supervisors, persons above the rank of supervisor, and office and sales staff.
The applicant contends that "professional engineers" should also be excluded from the bargaining unit. It is the respondent's position that "professional engineers" should not be excluded from the bargaining unit in that they (allegedly) share a community of interest with the other employees in the bargaining unit.
4. The Board is satisfied that regardless of whether the respondents' professional engineers are included in or excluded from the bargaining unit, not less than forty-five per cent (and not 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 August 30, 1988, 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 Act. Accordingly, pursuant to section 7(2) of the Act, the Board directs that a representation vote be taken in respect of the following bargaining unit:
all employees of the respondent in Peterborough, Ontario, save and except supervisors, persons above the rank of supervisor, and office and sales staff.
5. All those employed in the bargaining unit on September 9, 1988, who are so employed on the date the vote is taken will be eligible to vote.
6. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the respondent.
7. In view of the parties' disagreement with respect to professional engineers, the Board directs that any ballots cast in the representation vote by professional engineers be segregated pending further direction by the Board, unless otherwise agreed by the parties.
8. The following persons, whose inclusion on the voters list has been challenged by the respondent (on the basis that they are on indefinite lay-off), shall be permitted to cast ballots in the representation vote, but their ballots shall also be segregated pending further direction by the Board, unless otherwise agreed by the parties: Joanne Murphy and Carmel O'Brien.
9. Section 6(4) of the Act provides as follows:
A bargaining unit consisting solely of professional engineers shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but, the Board may include professional engineers in a bargaining unit with other employees if the Board is satisfied that a majority of such professional engineers wish to be included in such bargaining unit.
Having regard to that provision and to the agreement of the parties, the Board directs that a vote be conducted, concurrently with the aforementioned representation vote, to determine whether or not a majority of the respondent's professional engineers wish to be included in the aforementioned bargaining unit with other employees of the respondent. The professional engineers concerned will be asked to indicate whether or not they wish to be included in the following bargaining unit with other employees of the respondent:
all employees of the respondent in Peterborough, Ontario, save and except supervisors, persons above the rank of supervisor, and office and sales staff.
10. The matter is referred to the Registrar.