[1990] OLRB Rep. February 220
2235-89-R United Employees of Standard Industrial Technologies Inc., Applicant v. Standard Industrial Technologies Inc., Respondent
BEFORE: Brain Herlich, Vice-Chair, and Board Members W. A. Correll and K. Davies.
APPEARANCES: Terence J. Billo and Chris Phipps for the applicant; no one appearing for the respondent.
DECISION OF THE BOARD; February 7, 1990
This is an application for certification.
At the hearing in this matter the Board ruled orally that the applicant was a trade union and that a certificate should issue. The reasons for these rulings follow.
The applicant has not previously been found to be a trade union within the meaning of section l(l)(p) of the Labour Relations Act. Mr. C. Phipps, secretary-treasurer of the applicant gave evidence as to its origins.
Mr. Phipps has only been employed by the respondent for some 3 1/2 months. It appears, however, that employee interest in forming an association pre-dated Mr. Phipps' arrival.
In particular, a letter dated October 3, 1989 from applicant counsel to a Mr. Wipp, a former employee of the respondent, was filed in evidence. Counsel had also provided Mr. Wipp with a draft constitution. Counsel's letter outlined the steps to be taken at a meeting to form a trade union as follows:
The proposal to create an employee association or trade union should first be discussed with the employees present.
The spokesman can then introduce the draft constitution, indicating that the constitution is necessary to create a trade union. The provisions of the constitution can be reviewed and discussed at this time.
A vote should be taken by a show of hands to determine if the majority of the employees in the bargaining unit are interested in creating the trade union.
Assuming that the vote passes, employees should then be asked to sign the applications for membership in the association and pay the $1.00 initiation fee. I provided you with sufficient copies of the combination application and receipt forms for everyone in the bargaining unit to sign. One individual (ideally yourself) should witness every signature on the applications and sign as a witness. That person should also collect $1.00 from each of the applicants and sign the receipt on the second page. That person will be required to file a declaration with the Labour Board stating that he has personal knowledge of all the signatures and collection of initiation fees.
If a majority of the employees in the bargaining unit join the association you can then convene the first meeting of the association. The first order of business would be to take a second vote by show of hands to ratify the adoption of the constitution.
You should then elect your executive officers pursuant to the constitution. Each name should be proposed, seconded and a vote be taken by show of hands. Results of all votes taken should be recorded in Minutes of the meeting which will be the responsibility of the secretary.
Finally, a motion should be made that application be made to the Ontario Labour Relations Board for certification of your association as the exclusive bargaining agent of all employees in the unit. This motion should again be seconded, voted on and recorded in the Minutes.
Mr. Phipps testified that he came into possession of both the letter and draft constitution referred to above. A meeting to discuss and form the applicant was held at Mr. Phipps' residence on the evening of November 16, 1989.
Mr. Phipps testified as to how the steps outlined in counsel's letter were followed at the meeting. In particular, the draft constitution was reviewed and a number of amendments were proposed and adopted. The constitution, as amended, was adopted. Employees in attendance at the meeting were then admitted as members of the organization upon written application for membership accompanied by the payment of a $1.00 initiation fee. The constitution was then ratified and officers were elected pursuant to its terms.
The Board notes that the constitution includes terms indicating that its purposes include the regulation of relations between employees and the respondent employer through collective bargaining. In addition the constitution provides terms regarding the duties and election of officers, the holding of meetings, eligibility for membership, and finances. These various provisions are sufficiently comprehensive so as to allow this Board to conclude that the applicant is a viable organization formed for the purpose of representing employees in their labour relations.
In view of all of the above the Board is satisfied that the applicant has established its status as a trade union under section l(l)(p) of the Labour Relations Act.
On the list of employees filed by the employer appeared the name Ian McLean. No specimen signature was provided by the employer with respect to any Ian McLean. A specimen signature was provided with respect to one John McLean, a name which did not appear on the employer list. On the basis of the evidence provided by the applicant, the Board is satisfied that Ian McLean and John McLean are one and the same person who is properly included on the list of employees.
The Board finds that all employees of the respondent in the City of Cambridge, save and except foremen, persons above the rank of foreman, sales office and clerical staff, constitute a unit of employees of the respondent appropriate for collective bargaining.
On the basis of the evidence before it the Board is satisfied that there were five full-time and one part-time employees in the bargaining unit at the time of the application.
The Board is further 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 December 21, 1989, 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.
A certificate will issue to the applicant.