Court File and Parties
File No.: 2234-00-R Date: November 2, 2000
International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Applicant v. Waterville TG Inc. – Ontario Plant, Responding Party v. Office & Professional Employees’ International Union, Local 253, Intervenor.
Before: Anthony Brown, Vice-Chair.
Decision of the Board
1This is an application for certification.
2The responding party disputes that in Ontario the applicant enjoys or holds trade union status. In Board File 7088-63-R, the Board found that the applicant has trade union status. Accordingly, the Board finds that the applicant is a trade union within the meaning of subsection 1(1) of the Labour Relations Act, 1995 (“the Act”).
3It 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. The concerns raised in Appendix 2 of the response have been noted.
4The responding party disputes the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit from that proposed by the applicant and it contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
5After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Waterville TG Inc. – Ontario Plant, in the County of Lambton, save and except supervisors, persons above the rank of supervisor, office and clerical staff.
7The vote will be held on November 6, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on October 30, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 30, 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.
9The bargaining unit description proposed by the applicant contains a “clarity note” which is in fact an assertion by the applicant that employees “paid by SOS Personnel” (except those in office or clerical positions) are employees of the responding party and are therefore included in the voting constituency. There may be a dispute over whether these persons should be in the bargaining unit. Any such individual who wishes to cast a ballot shall identify himself or herself as occupying a disputed position and shall be permitted to cast a ballot. Any ballot cast by such individual shall be individually segregated from all other ballots and shall not be counted until the Board so orders or the parties agree.
10The responding party states in Appendix 3 to its response that the representation vote should be delayed until approximately May 1, 2001 because of a planned “build-up” in its production workforce. It asserts that a vote on November 6, 2000, among the existing eligible employees would be insufficiently representative. The Board directs that the ballot box be sealed and, subject to paragraph 10, the ballots shall not be counted until the Board orders or the parties agree.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12The 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.
13Any 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, 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. 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).
14The matter is referred to the Registrar.
“Anthony Brown”
for the Board