3294-99-R Roy Fillmore, Applicant v. United Steelworkers of America and its Local 9042, Responding Party v. Unalloy-IWRC, Intervenor.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; February 14, 2000
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on February 9, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Unalloy-IRWC. The bargaining unit description in that collective agreement is as follows:
all employees of Unalloy-IWRC, a division of Samuel Manu-Tech Inc., located at its plant in the City of Brampton, Ontario, save and except foreman, persons above the rank of foreman, office, clerical and sales staff.
The collective agreement states that it is effective from April 9,1998 until April 8, 2000. If this is true, then the application appears to be timely. However, the responding party asserts that this application is not timely. It asserts that the collective agreement came into effect on May 18, 1999 (when it was executed) and ceases to operate on May 18, 2000. It submits that the application should be dismissed without a vote or, in the alternative, that the ballot box should be sealed pending a determination of whether the application is timely. The Board has decided not to seal the ballot box.
It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
The Board directs that a representation vote be taken of the employees of Unalloy-IWRC employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on February 9, 2000, the application filing date, will be eligible to vote.
The vote will be held on February 18, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Unalloy-IWRC.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Termination of Bargaining Rights". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Anthony Brown”
for the Board