[1997] OLRB REP. MARCH/APRIL 249
0009-97-R The Canadian Union of Operating Engineers and General Workers, Applicant v. Pet-Pak Containers, Responding Party
BEFORE: Laura Trachuk, Vice-Chair
DECISION OF THE BOARD; April 4, 1997
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 199S.
3It 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.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Pet-Pak Containers in the Regional Municipality of Peel, save and except supervisors, persons above the rank of supervisor, office and clerical staff.
5The vote will be held on April 8, 1997. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on April 1, 1997, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 1,1997, 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.
7The responding party alleges that its workforce will increase by a further 72 employees by the end of May and claims that it is therefore not appropriate to hold a vote at this time. The Board considers it appropriate to hold a vote at this time. The Board considers it appropriate to hold a vote and to determine the "build-up" issue raised by the employer at the hearing after the vote. In the event that the responding party's "build-up" argument is successful, it may be necessary to hold a second vote.
8There is also a dispute between the parties as to whether or not employees at the two locations of the responding party in the Municipality of Peel should be in the same or separate bargaining units. The ballots should therefore be collected and counted in such a way that the wishes of employees at each location may be determined separately. If there are so few employees at one of the locations that counting their ballots would reveal their wishes, the ballot boxes should be sealed until the parties agree or the Board directs that the ballots be counted.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The 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.
11Any 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.
12The matter is referred to the Registrar