1850-00-R International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (Cement Division), Applicant v. King Packaged Materials Company, Responding Party v. United Steelworkers of America, Local 2020, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; September 27, 2000
This is a displacement 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 (the “Act”).
Having regard to the agreement of the parties, the Board further finds that:
all employees in the Town of Onaping Falls, save and except Managers, Supervisors, persons above the rank of Manager and Supervisor, Office, Clerical and Sales Staff,
constitute a unit of employees of the responding party appropriate for collective bargaining.
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.
After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted. In any event, the responding party agreed that the ballots cast in the representation vote should be counted.
Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees in the Town of Onaping Falls, save and except Managers, Supervisors, persons above the rank of Manager and Supervisor, Office, Clerical and Sales Staff.
The vote will be held on September 29, 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 September 21, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 21, 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.
Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
The Board notes that there is no completed Confirmation of Posting in this file. To the extent the responding party failed to make and post copies of the Application for Certification (Form A-1) and/or the Notice to Employees of Application for Certification (Form C-2) as directed by the Registrar in Confirmation of Filing of Application for Certification dated September 22, 2000, it is directed to do so immediately. These copies must remain posted for a period of 30 days. The responding party is further directed to file with the Board a completed Confirmation of Posting verifying that the above-mentioned copies have been posted appropriately, and to do so before 12:00 p.m. on Thursday, September 28, 2000.
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 Forms referred to in paragraph 11 above. 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, 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.
“Patrick Kelly”
for the Board