Ontario Labour Relations Board
2463-00-R A group of Employees of Mibro Partners and Kimbrox Packaging Limited, Applicant v. The International Brotherhood of Teamsters, Teamsters Local Union No. 230, Responding Party v. Mibro Partners and Kimbrox Packaging Limited, Intervenor.
BEFORE: Stephen Raymond, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 24, 2000
Decision
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on November 21, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Mibro Partners and Kimbrox Packaging Limited, with an effective date of December 2, 1997, until November 30, 2000. The bargaining unit description in that collective agreement is as follows:
Mibro Partners recognizes the Union as the exclusive bargaining agent for all employees employed in the Municipality of Toronto, save and except supervisors, persons above the rank of supervisor, office, clerical, sales staff and students employed for the school vacation period.
Kimbrox Packaging limited recognizes the Union as the exclusive bargaining agent for all employees employed in the Municipality of Toronto, save and except supervisors, persons above the rank of supervisor, office, clerical, sales staff and students employed for the school vacation period.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
The Board directs that a representation vote be taken of the employees of Mibro Partners and Kimbrox Packaging Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on November 21, 2000, the application filing date, will be eligible to vote.
The vote will be held on November 28, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Mibro Partners and Kimbrox Packaging Limited.
Having regard to the allegations of the Responding Party that there has been a violation of section 63(16) of the Act and that an application must be brought by an individual and that person must be employed by the Intervenor, the Board directs that the ballot box from the representation vote be sealed. The ballots will not be counted until the Board so orders in the applicant and the responding party agree.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. 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 termination of bargaining rights, 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. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Stephen Raymond”
for the Board