Ontario Labour Relations Board
[1992] OLRB Rep. February 129
3481-91-R Canadian Security Union, Applicant v. Canada Security Corporation, Respondent
BEFORE: Brain Herlich, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; February 20, 1992
This is an application for certification in which the parties have reached agreement on all matters in dispute and have further agreed to waive their right to a formal hearing in the matter.
The applicant was advised by the Registrar that it has not been previously been found to be a trade union by the Board. During the course of the "waiver" process the applicant filed certain additional documents namely Minutes of the founding meeting of the applicant and a copy of the constitution adopted at that time. Copies of those documents were provided to the respondent who subsequently advised the Board that it was not challenging the applicant's status and had no objection to the Board relying on those documents in respect of the status issue. Having regard to the positions of the parties and the material filed, the Board is satisfied that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act.
Having regard to the agreement of the parties, the Board further finds that:
all security guards employed by Canada Security Corporation in and out of the Municipality of Metropolitan Toronto, save and except Mobile Response Officers, persons above the rank of Mobile Response Officer, Investigators, and office and clerical staff,
constitute a unit of employees of the respondent appropriate for collective bargaining.
In accordance with the Rules of Practice respecting applications for certification, the respondent employer has filed a list of employees in the bargaining unit, together with specimen signatures for the employees on that list. Having regard to the list filed by the employer, and the finding of the Board with respect to the bargaining unit description, the Board is satisfied that there were 32 employees in the unit, at the time the application was made.
In support of its application for certification, the applicant union filed documentary evidence of membership in the form of cards, which consist of combination applications for membership and receipts. The membership cards are signed by the employees, and the receipts are countersigned and indicate that a payment of one dollar has been made within the six-month period immediately preceding the terminal date for this application. The money was collected by more than one collector and the membership evidence is supported by a duly completed Form 9, Declaration Concerning Membership Documents.
The 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 each bargaining unit, at the time the application was made, were members of the applicant on February 11, 1992, the terminal date fixed for this application and the date which the Board determines, under section 105(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.