Ontario Labour Relations Board
International Association of Machinists and Aerospace Workers, Applicant v. Smart Carte Ltd., Responding Party.
Before: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF TIMOTHY W. SARGEANT VICE-CHAIR, AND BOARD MEMBER H. PEACOCK; November 29, 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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees working for Smart Carte Ltd. at Terminal #1 and Terminal #2 at Lester B. Pearson Airport, Mississauga, Ontario, save and except Foremen, persons above the rank of Foreman, office staff and Sales persons.
5The Board has considered the request of the responding party in relation to when the vote should take place, but is not prepared to accede to such request. The vote will be held on December 1, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on November 24, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 24, 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.
7Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8The employer has given the Board notice under section 8.1 of the Act that it disagrees with the union's estimate of the number of individuals in the bargaining unit included in the application for certification. However, the Board has determined that regardless of which number is used regarding the number of individuals in the bargaining unit, not less than forty percent of the individuals proposed in the bargaining unit in the application for certification were members of the union at the time the application was made. In the circumstances there will be no order directing that the ballot box be sealed.
9The 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.
10Any 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).
11The matter is referred to the Registrar.
"Timothy W. Sargeant"
for the majority
DECISION OF BOARD MEMBER J. A. RUNDLE; November 29, 2000
I dissent.
A plain reading of sections 8 and 8.1 of the Labour Relations Act, 1995 (the "Act") requires the Board to seal the ballot box, when as in the instant matter, an employer has given notice that it disagrees with the trade union's estimate of the number of individuals in the unit described in the application for certification.
Subsection 8.1(4) requires the Board to seal the ballot box unless the trade union and the employer agree otherwise. Accordingly, I would have directed the ballot box to be sealed.
"J. A. Rundle"