2852-99-R Hotel, Hospitality & Casino Workers Union, Applicant v. Renaissance Fallsview Hotel, Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; January 17, 2000
This matter is an application for certification in which a representation vote was held on December 23, 1999. Following the taking of the vote, two issues remained in dispute. Firstly, the applicant had not yet been found by the Board to have trade union status. Secondly, the responding party was asserting that the applicant was a related trade union to the UFCW, Local 333 such that it was barred from bringing the application for a period of one year from April 27, 1999. This matter was scheduled for hearing on January 17 and 18, 2000.
Prior to the hearing, counsel for the responding party wrote to the Board and advised that it was withdrawing its Statement of Representations and, as a result, “there are no issues in dispute with respect to the Application for Certification herein”. Counsel further advised that the responding party takes no position as to whether a hearing is necessary for the applicant to prove trade union status and, given the above, that the responding party did not intend to attend at the hearing. Counsel noted that “it may not be necessary to proceed with the hearing in any event.”
The applicant has filed materials with the Board, namely Minutes of the founding meeting of the applicant and a copy of the constitution adopted at that time. Copies of those documents were provided to the responding party which, as indicated above, has advised the Board that it is content to have the Board determine the applicant’s trade union status without a hearing. Having regard to the positions of the parties and the material filed, the Board is satisfied that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the Act”).
Having regard to the agreement of the parties, the Board further finds that:
all employees of the Renaissance Fallsview Hotel in Niagara Falls, save and except supervisors, persons above the rank of supervisor, office, sales and clerical and front desk,
constitute a unit of employees of the responding party appropriate for collective bargaining.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
A certificate will issue to the applicant.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
Meeting and hearing dates set previously are hereby cancelled.
The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“D. L. Gee”
for the Board