3232-99-R Teamsters Local Union 938, Applicant v. Mackie Moving Systems Corporation, Responding Party.
BEFORE: Russell Goodfellow, Vice‑Chair, and Board Members J. A. Rundle and
D. A. Patterson.
DECISION OF THE BOARD; February 7, 2000
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995.
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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Mackie Moving Systems Corporation assigned to its Lear Corporation shuttle service account in the Town of Ajax and the Town of Whitby, save and except managers, persons above the rank of manager, office, clerical, and sales staff, and employees covered by an Application for Certification pending before the Canada Industrial Relations Board under Board File No. 20266-C.
Clarity Note:
The proposed bargaining unit is composed entirely of persons recruited through and/or paid by employment agencies who have a continuing relationship with Mackie Moving Systems Corporation and who are otherwise employed on such terms and conditions that Mackie Moving Systems Corporation is their real employer for the purposes of the Act.
The vote will be held on February 9, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on February 2, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on February 2, 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.
There appears to be a dispute between the parties as to the identity of the employer. The responding party asserts that it is not the employer of the employees in the proposed bargaining unit. The responding party suggests that the persons in the proposed bargaining unit may be in the employ of Adams Services (Division of 1083859 Ontario Ltd.). The identity of the employer is an issue that can be resolved following the vote. Adams Services are hereby provided with notice of the application and of the hearing.
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.
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.
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).
The matter is referred to the Registrar.
“Russell Goodfellow”
for the Board