[1996] OLRB Rep. May/June 335
0130-96-R Communications, Energy & Paperworkers Union of Canada (CEP), Applicant v. BASF Canada Inc., Responding Party
BEFORE: Janice Johnston, Vice-Chair, and Board Members 0. R. McGuire and D. A. Patterson.
DECISION OF THE BOARD; May 16, 1996
Pursuant to the Board's direction of April 15, 1996, a representation vote was taken on April 24, 1996.
The Board has received representations from 4 objecting employees, one dated April 26, 1996 and three dated May 2, 1996. One of the letters dated May 2, 1996 was filed on behalf of nine (9) individuals.
For a variety of reasons the objecting employees assert that they should not be included in the union. None of the individuals assert that they should be excluded pursuant to section 1(3)(b) of the Labour Relations Act, 1995 (the "Act") because they exercise managerial functions or are employed in a confidential capacity in matters relating to labour relations. It is clear that many of the objecting employees do not want to be part of the union and do not think they should be included in the bargaining unit. Some of the individuals raise concerns that relate to what the Board has referred to as "community of interest". Community of interest is one factor looked at by the Board in determining whether a particular bargaining unit configuration would facilitate viable and stable collective bargaining, or cause serious labour relations problems. The test applied by the Board in bargaining unit determinations is that stated in The Hospital for Sick Children, [1985] OLRB Rep. Feb. 266:
Does the unit which the union seeks to represent encompass a group of employees with a sufficiently coherent community of interest that they can bargain together on a viable basis without at the same time causing serious labour relations problems for the employer.
After having given the concerns expressed by the objecting employees careful consideration and applying the above noted test, we are of the view that the objecting employees have raised no allegations which, even if proved true, would change the result of the application.
For these reasons, the Board will issue a final decision in this matter without a hearing.
Having regard to the agreement of the parties, the Board finds that:
all employees of BASF Canada Inc. in the City of Windsor save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff, persons regularly employed for not more than twenty-four hours per week and those persons for whom any trade union held bargaining rights as of April 11, 1996,
constitute a unit of employees of the responding party appropriate for collective bargaining.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
A certificate will issue to the applicant.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
Meeting and hearing dates set previously are hereby cancelled.
II. The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.