Ontario Labour Relations Board
1886-00-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Samuel Automotive, Responding Party.
BEFORE: Stephen Raymond, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF STEPHEN RAYMOND, VICE-CHAIR, AND BOARD MEMBER R. R. MONTAGUE; October 4, 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 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.
5The Board finds that the bargaining unit described in the application could be appropriate. After 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 Samuel Automotive, in the City of Hamilton, Ontario save and except supervisors and those above the rank of supervisor, office and clerical.
7The vote will be held on October 10, and 11, 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 September 26, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 26, 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 foremen, persons above the rank of foremen and sales staff 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 has indicated that, in its view, this application is untimely as the employees who are the subject of this application are covered by a subsisting collective agreement. Notice was given to the Employer Association on September 29, 2000. No submissions have been received from the Employee Association. Nevertheless, we are of the view that, in the circumstances, the ballot box should be sealed and the ballots not counted until the Board orders otherwise 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.
“Stephen Raymond”
for the majority
DECISION OF BOARD MEMBER J. A. RONSON ; October 4, 2000
- The employer has pleaded that section 8.1 applies. As a result, there should be no vote until the issues are dealt with at hearing. If a vote is ordered, then at the least, the ballot box should be sealed until the s.8.1 issues are resolved.
“J. A. Ronson”