[1998] OLRB REP. NOVEMBER/DECEMBER 1003
3177-98-R Brewery, General and Professional Workers' Union, Applicant v. Participation House, Responding Party
BEFORE: Russell G. Goodfellow, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF RUSSELL G. GOODFELLOW, VICE-CHAIR AND BOARD MEMBER D. A. PATTERSON; December 17. 1998
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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Participation House in the City of Toronto and the Regional of York, save and except supervisors, persons above the rank of supervisor, and office and clerical staff.
The vote will be held on December 21, 1998. 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 December 14, 1998, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 14, 1998, 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 be a dispute between the parties as to whether senior support workers and registered nurses should be included in the bargaining unit. In the event that any employee holding such a position wishes to cast a ballot, he or she shall be entitled to do so but their ballots shall be segregated and not counted until the Board orders or the parties agree.
The responding party has asked the Board to exercise its discretion under section 7(9) of the Act to refuse to consider this application and any other application filed by the applicant in connection with this proposed bargaining unit for a period of one year. This issue can be determined, as necessary, following the vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
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 five 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.
DECISION OF BOARD MEMBER J. A. RUNDLE: December 17, 1998
In view of the issue raised by the responding party concerning the effect of the applicant's request to dismiss its earlier application under section 8.1 of the Act and its present application, I would have ordered the ballot box to be sealed.