Ontario Labour Relations Board
0910-00-R Canadian Union of Public Employees, Applicant v. Medical Pharmacies Ltd., Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF PATRICK KELLY, VICE-CHAIR, AND BOARD MEMBER R. R. MONTAGUE; June 27, 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, but fails to indicate its own estimate of the number of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant (and again failed to provide an estimate of the number of employees in its proposed bargaining unit), and it appears to contend that the applicant's bargaining unit could not be appropriate. It purports to give notice under section 8.1 of the Act.
5The Board finds that the bargaining unit described in the application could be appropriate. The responding party did not provide a proper section 8.1 notice (see section 8.1(2)(b) and (c)). The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Medical Pharmacies Ltd. in Durham Region, save and except Managers, persons above the rank of Manager, Office/Clerical, Pharmacist, students employed during the school vacation period and any person for whom a trade union held bargaining rights on the date of application.
7The vote will be held on June 29, 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 June 22, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on June 22, 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.
9The responding party states that the applicant already has bargaining rights at one of the responding party’s locations covered by the applicant’s proposed bargaining unit. The applicant’s proposed bargaining unit in this matter, which is reflected in the description of the voting constituency set out in paragraph 6 above, excludes any person for whom a trade union held bargaining rights on the date of application.
10The responding party contends that the part-time employees should be in the bargaining unit separate from the full-time employees. Accordingly, individuals holding part-time positions who wish to cast a ballot shall identify himself or herself as occupying a part-time position and such individual shall then be entitled to cast a ballot. The ballots of part-time employees shall be segregated and counted separately from those of the full-time employees.
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, 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.
“Patrick Kelly”
for the majority
DECISION OF BOARD MEMBER J. A. RONSON; June 27, 2000
It would appear that if the ballots are counted notwithstanding the responding party’s section 8.1 notice, there may be no bar if the union loses the vote. In the circumstances then, no vote should take place until the secton 8.1 issues are dealt with at the 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”