2656-00-R Vicki Hollett on behalf of a group of employees, Applicant v. Hotel Employees Restaurant Employees Union Local 75, Responding Party v. Canadian Niagara Hotels Inc., Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; December 7, 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
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.
This application was filed on December 4, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Canadian Niagara Hotels Inc., with an effective date of January 29, 2000, until January 28, 2001. The bargaining unit description in that collective agreement is as follows:
all employees at the following City of Niagara Falls hotels working in classifications listed on Schedule “A”, save and except supervisors, persons above the rank of supervisor, office and retail sales staff, and employees otherwise covered by subsisting collective agreements:
Sheraton on the Falls Hotel (and Conference Center) 5875 Falls Avenue
Brock Plaza Hotel 5865 Falls Avenue
Village Inn 4800 Bender Street
Classifications:
Call Centre Lead Agent
Call Centre Rep.
Guest Services Rep. Lead Agent
Guest Services Agent
Guests Service Translator
Night Auditor
Student
Having regard to the provisions of section 63(2) of the Act, this application appears to be timely. The Board notes, however, that the responding party takes the position that the application is untimely as, it argues, that the Board should exercise its discretion under section 111(2)(k) of the Act to impose a bar on a subsequent termination application. In this respect, it points out that the Board dismissed a prior termination application on May 10, 2000 in Board File No. 1939-99-R involving the same bargaining unit.
The responding party also seeks a dismissal of this application without a vote under section 63(16) of the Act citing allegations raised in its pleadings in earlier applications, Board File Nos. 1939-99-R and 2098-99-U. Finally, the responding party takes the position that the applicant, Vicki Hollett, has no status to bring this application as she is no longer an employee in the bargaining unit. Having regard to the allegations raised in the response, the Board directs that the ballot box be sealed until the Board orders otherwise or the parties agree. The allegations raised will be considered by the Board at a hearing after the vote, if necessary.
The Board directs that a representation vote be taken of the employees of Canadian Niagara Hotels Inc. employed in the bargaining unit described in paragraph 3 above. All those employed in that bargaining unit on December 4, 2000, the application filing date, will be eligible to vote.
The vote will be held on December 11, 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 Canadian Niagara Hotels Inc..
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. 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.
“Caroline Rowan”
for the Board