[1996] OLRB Rep. November/December 921
2209-96-R Tim Wilson, Applicant v. Retail Wholesale Canada Canadian Service Sector, Division of the United Steelworkers of America, Local 1000, Responding Party v. The Brick Warehouse Corporation, Intervener
BEFORE: Ken Petryshen, Vice-Chair.
APPEARANCES: Robert B. Reid and Tim Wilson for the applicant; Heather Alden, Paul Kessig and Bill Gibson for the responding party; E. L. Stringer and R. G. Richter for the intervenor.
DECISION OF THE BOARD; December 17, 1996
1. This is an application under section 63 of the Labour Relations Act, 1995 in which the applicant seeks a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2. Pursuant to a direction from the Board, a representation vote was conducted on November 8, 1996. The count disclosed that 13 ballots were marked in favour of the responding party and 13 ballots were marked against it. In addition, there were two segregated ballots. A hearing was held on December 10 and II, 1996, for purposes of determining whether Ms. Morrow and Ms. Cardosa were entitled to vote. During the course of the hearing, the responding party conceded that Ms. Cardosa was not entitled to vote. Since the Board determined that Ms. Morrow was entitled to cast a ballot, the parties were confronted with a tie vote and a single segregated ballot.
3. Counsel for the applicant advised the Board that Ms. Morrow was prepared to have her ballot counted. This was confirmed by Ms. Morrow in her evidence. The applicant and the intervenor took the position that in these circumstances the Board should count Ms. Morrow's ballot rather than direct the taking of another representation vote. The responding party urged the Board to follow what it described as the Board's usual practice and to order the taking of another representation vote.
4. After considering the representations of the parties on this issue, the Board has determined that the appropriate course to follow in these circumstances is to direct the taking of another representation vote.
5. The bargaining unit description is as follow:
all employees of The Brick Warehouse Corporation, in the City of St. Catharines, save and except supervisors, persons above the rank of supervisor, persons regularly employed for not more than 24 hours per week, and students employed during the school vacation period.
6. The Board directs that a representation vote be taken of the employees of The Brick Warehouse Corporation employed in the bargaining unit described in paragraph 5 above. All of those employed in that bargaining unit of October 29, 1996, the application filing date, will be eligible to vote.
7. The vote will be held on Friday, December 20, 1996. Other vote arrangements will be as determined by the Registrar and set out in the attached Notice of Vote and of Hearing.
8. Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with The Brick Warehouse Corporation.
9. The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing". These copies must remain posted for 30 days.
10. The matter is referred to the Registrar.