Ontario Labour Relations Board
Between:
United Steelworkers of America, Applicant v. BOC Canada Limited, Responding Party v. Group of Employees, Objectors.
Before: Brian McLean, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
Decision of the Board
This is an application for certification.
Following the representation vote held in this matter, the Board began a hearing with regard to certain issues that remained in dispute between the parties. Prior to the conclusion of that hearing, the parties resolved their differences.
Having regard to the agreement of the parties, the Board finds that:
all employees of BOC Canada Limited at its Branch retail stores in the City of Toronto, City of Brampton and Town of Whitby, save and except technical representatives, sales representatives – retail, branch co-ordinators, supervisors, persons above the rank of supervisor, office and clerical staff and employees for whom any trade union held bargaining rights as of May 21, 1999,
constitute a unit of employees of the responding party appropriate for collective bargaining.
Clarity Notes
(i) The above bargaining unit does not include any employees employed by BOC Canada Limited at its branch retail store in the geographic boundaries formerly comprised by the City of Scarborough.
(ii) The above bargaining unit does not include employees of Air Products Canada Ltd. employed in the City of Brampton, City of Toronto and the Town of Whitby. This clause does not apply to the employees of BOC Canada Limited covered by the bargaining unit description set out above in the event that those employees now or at any time in the future become employees of Air Products Canada Ltd. as a successor employer so long as such employees remain employed at a branch retail store formerly owned by BOC Canada Limited in the above-noted geographic area.
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.
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 for 30 days.
“Brian McLean”
for the Board