Ontario Labour Relations Board
[1994] OLRB Rep. May 559
0268-94-R Teamsters Local Union 938, Applicant v. Knob Hill Farms Limited, Responding Party v. Group of Employees, Objectors
BEFORE: Russell G. Goodfellow, Vice-Chair, and Board Members R. M. Sloan and H. Kobryn.
DECISION OF THE BOARD; May 13. 1994
This is an application for certification.
The applicant has requested that a pre-hearing representation vote be taken.
It appears to the Board on an examination of the records of the applicant and the records of the responding party that not less than thirty-five per cent of the employees of the responding party in the voting constituency hereinafter described were members of the applicant at the time the application was made.
By correspondence dated May 9, 1994, the respondent has taken the position that the Board has no jurisdiction to direct a pre-hearing representation vote until after it has made a determination as to the effect of certain revocations of membership evidence on the trade union's level of support. It has requested a hearing to deal with this issue prior to the vote being held.
The Board declines to grant the respondent's request. The purpose of the pre-hearing vote is to test the wishes of employees without delay and upon the appearance of 35 per cent support in the bargaining unit. Issues that may affect the ultimate disposition of the application, including whether or not there was, in fact, adequate membership evidence so as to justify the taking of the vote may be dealt with at any subsequent hearing. (See for example, Ontario Hydro, [19871 OLRB Rep. Dec. 1589.) This principle applies with equal force to a request that a hearing should be held to enable a party to convince the Board that its traditional approach to section 9(2) is no longer well founded.
Accordingly, the Board directs that a pre-hearing representation vote be taken of the employees of the responding party in the following voting constituency:
all employees of Knob Hill Farms Limited at 1250 South Service Road, Mississauga, save and except Assistant Store Managers, persons above the rank of Assistant Store Manager and office and clerical staff.
All those employed in the voting constituency on April 21,1994, who are so employed on the date the vote is taken will be eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
Having regard to the respondent's submissions, the ballot box will be sealed pending the disposition of the issues in dispute.
The matter is referred to the Registrar.