2946-99-R Sean Doolittle, Applicant v. Teamsters Local 847, Responding Party v. Unifirst Canada Ltd., Intervenor.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; January 11, 2000
1The 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to the Board under section 63 of the Labour Relations Act, 1995 (“the Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on December 31, 1999. The employees who are affected by this application are covered by a collective agreement between the responding party and Unifirst Canada Ltd., with an effective date of January 1, 1997, until December 31, 1999. The bargaining unit description in that collective agreement is as follows:
all route salespersons employed at its uniform rental plant located at 2290 Dunwin Drive, Mississauga, Ontario save and except plant employees, office staff, salesmen, supervisors and persons above the rank of supervisor.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the information provided in the application 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.
4There is a dispute about whether Otto Daivyi (Danyi) was a member of the bargaining unit on the date of application. His inclusion in, or exclusion from, the bargaining unit may affect the outcome of this application. The Board therefore directs that the ballot box be sealed. If Otto Daivyi (Danyi) wishes to cast a ballot he may identify himself and then be entitled to cast a ballot. Any ballot cast by him shall be segregated.
5The Board directs that a representation vote be taken of the employees of Unifirst Canada Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on December 31, 1999, the application filing date, will be eligible to vote.
6The vote will be held on January 13, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Unifirst Canada Ltd..
8The 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.
9Any 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).
10The matter is referred to the Registrar.
“Anthony Brown”
for the Board