Ontario Labour Relations Board
File No.: 0359-00-R Date: July 5, 2000
Beachville Lime Limited, Applicant v. Communications, Energy and Paperworkers Union, Local 3264 and Communications, Energy and Paperworkers Union, Local 774, Responding Parties.
Before: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD
1This is an application brought pursuant to section 69 of the Labour Relations Act, 1995 (the “Act”).
2The following declarations are issued on agreement and consent of the parties:
a) that, effective March 31, 2000, there has been a sale of a business and the Company is a successor employer within the meaning of Section 69 of the Labour Relations Act;
b) that a conflict exists between the bargaining rights of Local 3264 and Local 774;
c) that there has been an intermingling of plant employees within the meaning of subsection 96)(6) of the Labour Relations Act.
3Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a vote be taken of the individuals in the following voting constituency:
all employees of Beachville Lime Limited as its operations in the Townships of Zorra and Southwest Oxford, save and except foremen, persons above the rank of foremen, office staff and non-bargaining unit stores and laboratory staff.
4The vote will be held on August 10, 2000 and August 23, 2000. Vote arrangements shall be as agreed upon by the parties as follows:
Plant Poll Location Time
West Former Production Superintendent’s office 6:00 a.m. to 8:00 a.m.
Centre North Scale office 6:00 a.m. to 8:00 a.m.
3:00 p.m. to 4:00 p.m.
East Production Superintendent’s trailer 6:00 a.m. to 8:00 a.m.
5Persons on the voters list as agreed to by the parties and attached as Schedule “A” will be entitled to vote provided they were employees in the bargaining unit on both June 23, 2000 and August 10, 2000.
6Voters will be asked to determine, who, as between Local 3264 and Local 774, shall be the bargaining agent for the employees in the bargaining unit set out in paragraph 3.
7The vote will be supervised by the Ontario Labour Relations Board.
8The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board