National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Manac, A Division of the Canam Manac Group Inc.
[1996] OLRB REP. JANUARY 16
3616-95-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Manac, A Division of the Canam Manac Group Inc., Responding Party
BEFORE: Russell G. Goodfellow, Vice-Chair, and Board Members O. R. McGuire and H. Peacock.
DECISION OF THE BOARD; January 31, 1996
1Pursuant to the Board's direction of January 15, 1996, a representation vote was taken on January 17, 1996.
2The Board has received representations dated January 22, 1996 from an employee on behalf of eight others. Having considered these representations, we are satisfied that they raise no allegations which, even if proved true, would change the result of the application.
3The substance of the employees' concerns is that, as maintenance employees, they ought not to be included in the same bargaining unit as production employees. It is common practice for the Board to include production and maintenance employees in a single bargaining unit. Once included in such a unit, all employees have a statutory right to be represented fairly by the certified bargaining agent. There is no dispute that both categories of employees work in a single plant for the same employer. There is also nothing to suggest that the unit which the applicant seeks to represent, and the responding party agrees is appropriate for collective bargaining, lacks 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 (see The Hospital for Sick Children, [1985] OLRB Rep. Feb. 266).
4For these reasons, the Board will issue a final decision in this matter without a hearing.
5Having regard to the agreement of the parties, and our findings above, the Board finds that:
all employees of Manac, A Division of the Canam Manac Group Inc. in the City of Orangeville, save and except Team Leaders and Supervisors, persons above the rank of Team Leader or Supervisor, office, clerical and sales staff, Security Guards and students employed during the school vacation period,
constitute a unit of employees of the responding party appropriate for collective bargaining.
6On 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.
7A certificate will issue to the applicant.
8The 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.
9Meeting and hearing dates set previously are hereby cancelled.
10The 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.