1337-00-R International Union of Operating Engineers, Local 793, Applicant v. Lafarge Canada Inc. o/a Ready Mix, Responding Party v. Christian Labour Association of Canada, Intervenor.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF VICE-CHAIR BRIAN McLEAN AND BOARD MEMBER H. PEACOCK; August 9, 2000
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, 1995 (the "Act").
3Having regard to the agreement of the parties, the Board further finds that:
all employees of the responding party, Lafarge Canada Inc. o/a Ready Mix, employed at the Ready Mix Plant located at 2224 Quarry Road in the Town of Coldwater, save and except foremen, persons above the rank of foreman, office and clerical staff, sales staff, quality control staff and persons covered by an existing collective agreement,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), 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.
5Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the responding party, Lafarge Canada Inc. o/a Ready Mix, employed at the Ready Mix Plant located at 2224 Quarry Road in the Town of Coldwater, save and except foremen, persons above the rank of foreman, office and clerical staff, sales staff, quality control staff and persons covered by an existing collective agreement.
6The vote will be held on August 11, 2000. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.
7All individuals who had an employment relationship with the responding party in the voting constituency on August 3, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 3, 2000, 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The employer has given the Board notice under section 8.1 of the Act that it disagrees with the applicant's estimate of the number of employees in the bargaining unit. However, the Board has compared the membership evidence with the list of employees filed by the responding party and finds that even if the responding party's estimate of employees in the bargaining unit is correct, the applicant will still have the support of more than 40% of the employees in the bargaining unit. Accordingly, the ballot box will not be sealed following the taking of the representation vote.
10The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to 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, other than status disputes, 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. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
12The matter is referred to the Registrar.
"Brian McLean"
for the majority
DECISION OF BOARD MEMBER J. A. RUNDLE; August 9, 2000
1I dissent.
2A plain reading of sections 8 and 8.1 of the Labour Relations Act, 1995 (the "Act") requires the Board to seal the ballot box, when as in the instant matter, an employer has given notice that it disagrees with the trade union's estimate of the number of individuals in the unit described in the application for certification.
3Subsection 8.1(4) requires the Board to seal the ballot box unless the trade union and the employer agree otherwise. Accordingly, I would have directed the ballot box to be sealed.
"J. A. Rundle"