Ontario Labour Relations Board
[1993] OLRB Rep. August 750
1426-93-R United Steelworkers of America, Applicant v. Gallup Canada, Inc., Responding Party v. Group of Employees, Objectors
BEFORE: Robert D. Howe, Vice-Chair, and Board Members W. H. Wightinan and C. McDonald.
APPEARANCES: P. Turtle, Brando Paris and Elizabeth Traichus for the applicant; Martin K. Den yes, David Hoeppner, Maureen Hanrahan and John Wood for the responding party; M. Honeth and Barb Brubacher for the objectors.
DECISION OF THE BOARD; August 23, 1993
Decision
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act.
3After hearing and recessing to consider the submissions of the parties at the hearing of this matter on August 23, 1993, the Board made the following unanimous oral ruling:
Having duly considered the submissions of the parties, we have reached the following unanimous conclusions. We are troubled by the responding party's failure to file a timely reply in accordance with the Board's Rules of Procedure. We are also troubled by the Union's failure to attend the Board Officer's meeting. Assuming without deciding that the difficulties described in subparagraphs (a), (b), and (c) on pages 2 and 3 of Mr. Denyes' letter dated August 20, 1993, are true and provable, they at most provide an explanation for the responding party's failure to file a full list of employees by the terminal date. They do not provide an explanation for that party's failure to file at least a partial reply by that date or to otherwise specifically raise by that date its contention that analysts should be excluded from the bargaining unit. Having regard to all of the circumstances, we are not prepared to permit that matter to be placed in issue in these proceedings as it was not raised in a timely manner by the responding party or the objecting employees, and it would be prejudicial to the Union to permit it to be belatedly raised for adjudication in these proceedings.
Thus, the Board, in the exercise of its discretion under section 6 of the Labour Relations Act, finds that all employees of Gallup Canada, Inc. in [the Municipality of] Metropolitan Toronto save and except supervisors, persons above the rank of supervisor, and sales staff, constitute a unit of employees of the responding party appropriate for collective bargaining.
Having further regard to all of the circumstances, we find it unnecessary to determine whether #2 and #7 on Schedule A are included in or excluded from the bargaining unit, as the Union has filed in a timely manner applications for membership in respect of more than fifty-five per cent of the employees in the bargaining unit on the certification application date, regardless of whether those two persons are employees or persons excluded from the Act under section 1(3). If in the course of bargaining for a collective agreement the issue of whether those persons are or are not employees arises, it may be resolved by means of an application under section 108(2) of the Labour Relations Act.
A certificate will issue to the applicant.
4As indicated in that oral ruling, 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 responding party in the bargaining unit on July 28, 1993, the certification application date, had applied to become members of the applicant on or before that date.
5As further indicated in that oral ruling, a certificate will issue to the applicant for the following bargaining unit:
all employees of Gallup Canada, Inc. in the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, and sales staff.