0094-00-R Judith Persaud, Lucy Desrochers, Fredericka Coote, Applicants v. CAW Local 1000 of the National, Automobile Aerospace, Transportation and General Workers Union of Canada (CAW Canada), Responding Party v. Seligman & Latz of Polo Park Ltd., Intervenor.
BEFORE: Bram Herlich, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; April 13, 2000
1The style of cause is hereby amended to reflect the correct name of the responding party: “CAW Local 1000 of the National, Automobile Aerospace, Transportation and General Workers Union of Canada (CAW Canada)”.
2The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
3This application was filed on April 10, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Seligman & Latz of Polo Park Ltd., with an effective date of April 15, 1998, until April 14, 2000. The bargaining unit description in that collective agreement is as follows:
all employees of Seligman & Latz of Polo Park Ltd. employed at its salon located within The Bay stores in the City of Toronto, save and except Salon Managers, persons above that rank, Technical Trainer, and persons regularly employed for not more than twenty-four (24) hours per week, and persons employed during the school vacation period and persons in bargaining units for whom any trade union held bargaining rights as of December 22, 1989
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
4It appears to the Board on an examination of the evidence before it, 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.
5The Board directs that a representation vote be taken of the employees of Seligman & Latz of Polo Park Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on April 10, 2000, the application filing date, will be eligible to vote.
6The vote will be held on April 17, 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 Seligman & Latz of Polo Park 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.
“Bram Herlich”
for the Board