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 13, 2000
1This is a certification application filed pursuant to section 7 of the Labour Relations Act, 1995, S.O. 1995, c.1 ("the Act").
2There has been a representation vote and more than fifty per cent of the ballots cast by employees were cast in favour of the applicant union. On account of the vote the union is in a certifiable position.
3There were two outstanding matters: the composition of the bargaining unit, which has now been resolved; and the status of the union as regards the Ontario Gaming Control Act, 1992.
4The parties have concluded Minutes of Settlement in which they agree on the composition of the bargaining unit and in which they agree on a procedure for the issue of a certificate to the union once there is compliance with the union's obligations under the Ontario Gaming Control Act, 1992. The Minutes read:
ONTARIO LABOUR RELATIONS BOARD
Board File No. 0492-00-R
BETWEEN
Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union,
(Applicant)
‑ and ‑
Sudbury Downs, A Division of MacRanald Enterprises Incorporated,
(Responding Party)
MEMORANDUM OF AGREEMENT
That the parties agree as follows:
- That the bargaining unit description reads as
All employees of the responding party at Highway 634 Chelmsford, Ontario save and except general manager, secretary to the general manager, racing secretary, kitchen manager/chef, food and beverage co-ordinator, chief of security and security officers.
Clarity Note – For the purposes of clarity it is agreed that all security staff are included in the bargaining unit except for the chief of security and no more than two (2) security officers who shall be the only security staff engaged in the monitoring of other employees and handling cash floats to or from the Bank at Sudbury Downs.
- That as a result of the representation vote, the applicant is now in a position to be certified subject to the applicant obtaining registration from the Alcohol and Gaming Commission of Ontario. Upon the applicant obtaining such registration, it shall write to the Board advising that it has obtained such registration and a formal certificate shall forthwith issue to the applicant.
Dated at Toronto this 12th day of June 2000.
"Paul Labelle" "Patrick H. MacIsaac"
Paul Labelle Patrick H. MacIsaac
For the Applicant For the Responding Party
5Having regard to the agreement of the parties, the Board finds that:
all employees of Sudbury Downs, A Division of MacRanald Enterprises Incorporated at Highway 634 Chelmsford, Ontario save and except general manager, secretary to the general manager, racing secretary, kitchen manager/chef, food and beverage co-ordinator, chief of security and security officers,
constitute a unit of employees of the responding party appropriate for collective bargaining.
6For the purpose of clarity, the Board declares that all security staff are included in the bargaining unit except for the chief of security and no more than two (2) security officers who shall be the only security staff engaged in the monitoring of other employees and handling cash floats to or from the Bank at Sudbury Downs.
7A certificate will issue to the applicant upon the applicant informing the Registrar that it has obtained registration from the Alcohol and Gaming Commission of Ontario.
8The 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.
9Meeting and hearing dates set previously are hereby cancelled.
10The 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.
11Having regard to the agreement of the parties, the Board hereby consents to adjourn this application sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
"Christopher J. Albertyn"
for the Board