[1992] OLRB Rep. February 130
3324-91-R The Canadian Union of Restaurant and Related Employees, Applicant v. Cara Operations Limited, Respondent
BEFORE: M. A. Nairn, Vice-Chair, and Board Members J. A. Ronson and E. G. Theobald.
DECISION OF THE BOARD; February 12, 1992
The style of cause is hereby amended to reflect the correct name of the respondent: "Cara Operations Limited".
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 Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act.
As of the date of application for certification the Canadian Union of Restaurant and Related Employees, Hotel Employees and Restaurant Employees Union, Local 88 ("Local 88") held bargaining rights for the bargaining unit of employees described in paragraph 5 herein. It received notice of this application. In the normal course the Board would, when one trade union is seeking by way of a certification application to displace another trade union's bargaining rights, in addition to ensuring the normal requirements for certification, also hold a representation vote of the employees in the bargaining unit. The results of that vote would determine which of those two trade unions would then hold the bargaining rights. In this case however, Local 88 has notified the Board by letter dated February 7, 1992 that it wishes to abandon its bargaining rights in respect of this bargaining unit. Having regard to that position, we hereby declare that Local 88 no longer represents the employees of Cara Operations Limited in this bargaining unit for which it was the bargaining agent.
Having regard to the application for certification and to the agreement of the parties, the Board further finds that:
all persons employed as waitresses, waiters, buspersons, kitchen staff, cashiers, bartenders and students by Cara Operations Limited at its Swiss Chalet Take-Out and Restaurant at 245 Dixon Road in the Municipality of Metropolitan Toronto, save and except Assistant Dining Room Managers and persons above the rank of Assistant Dining Room Manager
constitute a unit of employees of the respondent appropriate for collective bargaining.
In accordance with the Rules of Procedure 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 12 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 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 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 January 31, 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.