2546-00-R International Association of Machinists and Aerospace Workers, Applicant v. Smarte Carte Canada Ltd., Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 20, 2000
1The style of cause is hereby amended to reflect the correct name of the responding party: "Smarte Carte Canada Ltd.".
2Pursuant to the Board's direction of November 29, 2000, a representation vote was taken on December 1, 2000.
3The Board has received representations dated December 19, 2000 from the applicant. The applicant requests that the outstanding dispute concerning the status of certain employees be dealt with by the Board pursuant to section 114(2) of the Labour Relations Act, 1995, S.O. 1995, c.1 (‘the Act”).
4Having considered these representations, we are satisfied that the dispute identified by the applicant cannot change the result of this application. Furthermore, the Board is not prepared at this time to grant a hearing of the dispute pursuant to section 114(2). We are of the view that the parties must first endeavour to resolve the dispute through the collective bargaining process following the issue of a notice to bargain. If, following that endeavour, either party wishes to refer the status issue to the Board, that party may file a proper application pursuant to section 114(2), and a new file will be opened by the Board at that time to deal with that matter.
5For these reasons, the Board will issue a final decision in this matter without a hearing.
6Having regard to the agreement of the parties, the Board finds that:
all employees of Smarte Carte Canada Ltd. at Terminal #1 and Terminal #2 at Lester B. Pearson Airport in the City of Mississauga, save and except foremen, persons above the rank of foreman, office and sales staff,
constitute a unit of employees of the responding party appropriate for collective bargaining.
7On 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.
8A certificate will issue to the applicant.
9The 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.
10Meeting and hearing dates set previously are hereby cancelled.
11The 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 a period of 30 days from the date of this decision.
“Patrick Kelly”
for the Board