Ontario Labour Relations Board
2320-00-R United Steelworkers of America, Applicant v. Premdor Inc., Responding Party v. International Association of Machinists and Aerospace Workers, Local Lodge 2243 and District Lodge 78, Intervenor.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF BRAM HERLICH, VICE-CHAIR, AND BOARD MEMBER R. R. MONTAGUE; November 9, 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 of Premdor Inc. at 1600 Britannia Road East in the City of Mississauga, save and except supervisors, persons above the rank of supervisor, office, clerical, technical and sales staff.
5The vote will be held on November 14, 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 6, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 6, 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.
7The applicant and the responding party do not agree as to whether students employed during the school vacation period ought to be included in the 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.
8The responding party employer has filed a notice under section 8.1 but has agreed that the ballots cast in the representation vote directed herein ought to be counted.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The 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.
11Any 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).
- The matter is referred to the Registrar.
"Bram Herlich"
for the majority
DECISION OF BOARD MEMBER J. A. RONSON; November 9, 2000
It would appear that if the Employer agrees to count the ballots, having pleaded that section 8.1 applies, then there may be no bar if the Union loses the vote. In the circumstances then, no vote should take place until the section 8.1 issues are dealt with at a hearing. If a vote is ordered, then at the least the ballot box should be sealed until the section 8.1 issues are resolved.
"J. A. Ronson"