Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Sudbury Downs, A Division of MacRanald Enterprises Incorporated
0492-00-R Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union, Applicant v. Sudbury Downs, A Division of MacRanald Enterprises Incorporated, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; June 7, 2000
This is an application for reconsideration of an endorsement issued on June 2, 2000.
The responding employer takes the view that the applicant union should not be entitled to pursue its certification application until such time as it has been registered as a supplier under the Ontario Gaming Control Act, 1992.
The endorsement was issued after considering, and rejecting, that submission. The employer has now reiterated the position in more detail, clarifying that the union would appear to require to be registered as a supplier before it may represent any persons (like the employees of the employer) employed in gaming premises. Hence, on the employer’s submissions, the union could not be certified to represent its employees for the purposes of collective bargaining until it is so registered.
This issue was considered by the Board in Casino Niagara, [2000] OLRB Rep. Jan./Feb. 17. The Board refused to seal the ballot box in a certification vote on account of the applicant union not being a registered supplier under the Ontario Gaming Control Act, 1992.
I accept that, arguably, the union cannot be certified until such time as it is a registered supplier under the Ontario Gaming Control Act, 1992. But that does not preclude the application proceeding to the point of issue of the certificate. There are matters still to be dealt with in this application short of consideration of whether a certificate should issue to the union: the composition of the bargaining unit and the inclusion or exclusion of various positions; the status of particular individuals. These outstanding matters can properly be dealt with, and resolved, at the hearing scheduled on June 12 and 13, 2000.
Accordingly, the Board will not reconsider its endorsement of June 2, 2000 and the hearing will proceed on June 12 and 13, 2000.
“Christopher J. Albertyn”
for the Board