[1996] OLRB REP. SEPTEMBER/OCTOBER 747
1807-96-R United Steelworkers of America, Applicant v. Canarm Ltd., Responding Party v. Canarm Employees Association, Intervenor
BEFORE: Russell G. Goodfellow, Vice-Chair, and Board Members O. R. McGuire and P. R. Seville.
DECISION OF THE BOARD; September 25, 1996
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) 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.
In its response to the application, the responding party states that the employees that are the subject of this application are represented by the Canarm Employees Association (the "Association"). The Association is party to a purported collective agreement with the responding party with an expiry date of October 31, 1996. The responding party asserts that the Association is a "trade union" and that the collective agreement is a "collective agreement" within the meaning of the Labour Relations Act, 1995.
In view of the foregoing, and in the apparent absence of any "timeliness" issue, the Board hereby directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Canarm Ltd. in the City of Brockville, save and except supervisors and forepersons, persons above the rank of supervisor and foreperson, office, clerical and sales staff.
The issue of the status of the Association as the employees' lawful bargaining agent may be dealt with at a hearing before the Board. Any such hearing will not take place until after the vote is held. In the meantime, voters will be asked to cast two ballots. The first ballot will ask the voters whether or not they wish to be represented by the applicant in their employment relations with the responding party. The second ballot will ask the voters whether they wish to be represented by the applicant or the Association in their employment relations with the responding party. If the Board ultimately finds that the Association is a "trade union" with the lawful right to represent the employees, the results of the second ballot will govern. If the Board finds that the Association is not a "trade union" with the lawful right to represent employees, the results of the first ballot will govern.
The vote will be held on September 30, 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 September 20, 1996, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 20, 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 may also be a dispute between the parties as to whether shipping and receiving staff, part-time and probationary employees, and supervisors other than the maintenance supervisors 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 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.