Ontario Labour Relations Board
0110-00-R Communications, Energy and Paperworkers Union of Canada, Local 87M Southern Ontario Newspaper Guild, Applicant v. Kitchener-Waterloo Record (A Division of Torstar Daily Newspaper Group Inc.), Responding Party.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD: April 14, 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 (the “Act”).
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 responding party disputes the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit from that proposed by the applicant and it contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
The Board has reviewed the membership evidence and has compared it with the employee list provided by the responding party. We are satisfied that, whether in relation to the bargaining unit proposed by the applicant or the responding party, the numerical difference between the parties is not significant for the purposes of section 8.1. Accordingly, the ballot box need not be sealed.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Kitchener-Waterloo Record (A Division of Torstar Daily Newspaper Group Inc.) in the Regional Municipality of Kitchener-Waterloo in the mailroom, cafeteria and central supply, save and except managers, persons above the rank of manager and persons for whom the applicant held bargaining rights as of April 11, 2000.
The vote will be held on April 18, 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 April 11, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 11, 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 are a number of disputes between the parties in relation to the appropriate bargaining unit. The applicant suggests a geographic scope limited to the Regional Municipality of Kitchener-Waterloo; the responding party proposes the City of Kitchener. The responding party further asserts that it is inappropriate to include cafeteria and central supply room employees in a bargaining unit with part-time mailroom employees. Finally, the responding party asserts that the first line of managerial exclusions ought to be described as “supervisors” and not “managers” as the applicant proposed. All of these issues can be dealt with subsequent to the taking of the vote. However, should any individuals holding a disputed classification seek to mark a ballot they will be permitted to do so. Any such ballots shall be segregated and not counted until the Board so orders or the parties agree.
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.
“Bram Herlich”
for the Board