0334-00-R Teamsters Local Union 938, Applicant v. K & T Companies, Responding Party.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Rundle and
D. A. Patterson.
DECISION OF THE BOARD; May 5, 2000
[1]. This is an application for certification.
[2]. The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
[3]. The responding party, although duly served with the application material on May 1, 2000, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 69 of the Board's Rules of Procedure. However, the Board received a letter from the responding party advising that Drake International is the employer of the employees in the bargaining unit sought. The identity of the employer is therefore an issue between the parties. The Board considers it appropriate to hold the vote and deal with the issue in dispute after the vote.
[4]. It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
[5]. The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of K & T Companies working at 1 Canadian Drive, P.O. Box 1300, Oakville, Ontario, L6J 5C9, save and except supervisors and persons above the rank of supervisor.
[6]. The vote will be held on May 9, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
[7]. All individuals who had an employment relationship with the responding party in the voting constituency on May 1, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 1, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
[8]. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
[9]. The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
[10]. Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, 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. 4: Status Disputes in Certification Applications (Non-Construction).
[11]. The matter is referred to the Registrar.
“Laura Trachuk”
for the Board