1624-00-R, Communications, Energy & Paperworkers Union of Canada Applicant v. The Korea Times Ltd., Responding Party.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; September 28, 2000
This is an application for certification.
On September 27, 2000, the parties entered into Minutes of Settlement as follows:
MINUTES OF SETTLEMENT
BETWEEN
Communications, Energy and Paperworkers Union of Canada
(hereinafter the “Applicant”)
-and-
The Korea Times Ltd.
(hereinafter the “Responding Party”)
WHEREAS on or about August 31, 2000 the Applicant filed an Application for Certification for a bargaining unit of employees of the Responding Party as more particularly described in Board File Number: 1624-00-R.
AND WHEREAS pursuant to a Board decision dated September 6, 2000 the Board conducted a representation vote on September 8, 2000.
AND WHEREAS the Applicant and the Responding Party are desirous of resolving all matters in dispute arising out of the aforementioned Application.
NOW THEREFORE the Applicant and the Responding Party agree as follows:
The Board is hereby requested to declare null and void the results of the representation vote conducted on September 8, 2000.
The Board is hereby requested to order a new representation vote to be conducted on Tuesday, October 3, 2000. The vote shall be held between 10:00 a.m. and 12:30 p.m. in the second floor auditorium on the Responding Party’s premises.
It is agreed and understood that the bargaining unit and voting constituency are as follows:
“all employees of the Korea Times Ltd. in the City of Toronto save and except supervisors, those above the rank of supervisor and persons employed in the distribution and accounting departments and in KBC radio”.
It is agreed, and understood that the voters’ list is comprised of those employees identified on Appendix “A” hereto and that these employees are the only employees eligible and entitled to vote.
In addition to the requests described in paragraphs 1 and 2 above, the Applicant and the Responding Party hereby request the Board to issue a decision incorporating fully their agreements as set forth in paragraphs 3 and 4.
DATED at Toronto this 27^th^ day of September, 2000.
For the Applicant For the Responding Party
“Vic Morden” “Lawrence Kim”
Vic Morden Lawrence Kim
- Having regard to the minutes of settlement, the Board makes the following orders and directions:
(i) The result of the representation vote of September 8, 2000 is null and void. The Registrar is directed to destroy the ballots cast in that representation vote forthwith.
(ii) A new representation vote will take place on Tuesday, October 3, 2000. The vote shall be held between 10:00 a.m. and 12:30 p.m. in the second floor auditorium on the responding party’s premises.
(iii) The appropriate bargaining unit and the voting constituency are as follows:
“all employees of the Korea Times Limited in the City of Toronto save and except supervisors, those above the rank of supervisor and persons employed in the distribution and accounting departments and in KBC radio”.
(iv) The voters’ list is composed of those employees identified on Appendix “A” attached hereto. Only those employees identified on Appendix “A” are eligible and entitled to cast ballots in the October 3, 2000 representation vote.
(v) The 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.
(vi) 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, 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).
(vii) The matter is referred to the Registrar.
“Patrick Kelly”
for the Board
Appendix “A’
Voters List for October 3, 2000
Name Job Classification
Choi, Eun Hee Ed.D. – Reporter
Choi, H.J. C.D.
Choi, Kevin C.D.
Gho, Lena Ed.D. – Photographer
Gong, Julie S.D.
Hwang, Paul A.D. – Designer
Jang, Julie A.D.
Jeon, Erica Eu.D.
Jo, Sharon A.D. – Designer
Jo, Stanley A.D.
Jung, Philip Ed.D. – Reporter (U.R.)
Jung, Tae-In General
Kim, Anthany Ed.D. – Reporter
Jin, Byung-Won Ed.D. – Reporter
Kim, Diane A.D.
Kim, Hee Cheal Ed.D. – Reporter
Kim, Jane A.D. – Designer
Kim, Joan A.D.
Kim, Linda A.D.
Kim, Maria S.D.
Kim, Paul Ed.D. – Reporter (U.R.)
Kim, Steve Photographer
Lee, Jay P.D.
Lee, Jay C.D.
Min, Vivian A.D.
Moon, James Eu.D.
Park, Dwayne Ed.D. – Reporter
Park, Joanna Ed.D. – Reporter
Park, Kenny A.D.
Shin, Joyce Receptionist
Song, Jay A.D.
Yang, Jean S.D.
Yun, Esther A.D.
Kim, Matilda Ed.D. – Library
Jang, Susan Programmer