Labourers’ International Union of North America, Local 506 v. Canadian Waste Services Inc.
2993-99-R Labourers’ International Union of North America, Local 506, Applicant v. Canadian Waste Services Inc., Responding Party v. Teamsters Local Union No. 419, Intervenor.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; January 18, 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”).
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.
4The responding party agrees with the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. However, 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.
5The Board finds that the bargaining unit described in the application could be appropriate. 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 Canadian Waste Services Inc. employed at 117 Wentworth Court, in the City of Brampton, save and except supervisors, persons above the rank of supervisor, office and sales staff.
7The vote will be held on January 20, 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 January 10, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on January 10, 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.
9There is a dispute between the parties as to whether or not the positions of clerical staff, persons regularly employed for not more than 24 hours per week and students employed during the school vacation period should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
10The responding party and the intervenor both submit that there will be an imminent increase in the number of employees at the 117 Wentworth Court site because of the responding party’s plans to consolidate operations at that site. The consolidation is expected to affect employees presently represented by the intervenor at other sites operated by the responding party. The responding party and intervenor submit that the “build-up” principle applies. In view of these submissions, the Board directs that the ballot box be sealed. The ballots will not be counted until the Board so 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