[1996] OLRB Rep. November/December 906
2437-96-R International Association of Machinists and Aerospace Workers, Applicant v. B. A. Banknote, a division of Quebecor Printing Inc., Responding Party
BEFORE: Laura Trachuk, Vice-Chair, and Board Members S. C. Laing and R. R. Montague.
DECISION OF THE BOARD; November 15, 1996
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section l(l) of the Labour Relations Act, 1995.
It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all security guards employed by B A Banknote, a division of Quebecor Printing Inc. in the city of Ottawa.
The vote will be held on November 20, 1996. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on November 13. 1996, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 13, 1996, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
There is a dispute between the parties as to whether or not full-time and part-time employees should be included in the same bargaining unit. Ballots shall therefore be distributed and collected in such a fashion as to permit the Board to determine the vote results in either of the proposed bargaining units.
There may also be a dispute between the parties as to whether or not the position of supervisor and whether or not employees working at other than 975 Gladstone Avenue should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
The responding party objects to this application under section 14(2) of the Act on the basis that the applicant also admits to membership persons who are not guards. The responding party has requested that the ballot box be sealed. The Board has determined not to seal the ballot box, but the responding party's objection under section 14(2) will be considered by the Board at the hearing scheduled for this application.
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.
The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within seven days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken.
The matter is referred to the Registrar.