Ontario Labour Relations Board
0693-00-R Communications, Energy and Paperworkers Union of Canada Local 87-M Southern Ontario Newspaper Guild, Applicant v. Hamilton Web Printing, A Division of Southam Inc. Brabant Newspapers, A Division of Southam Inc., Responding Party.
BEFORE: Stephen Raymond, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; June 6, 2000
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It 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.
4The 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 than 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.
5The Board finds that the bargaining unit described in the application could be appropriate. 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.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Hamilton Web Printing, A Division of Southam Inc. Brabant Newspapers, A Division of Southam Inc. working in the Mailroom Department and/or inserting/bindery department in the City of Stoney Creek, save and except managers and persons above the rank of manager and persons for whom another trade union holds bargaining rights.
7The vote will be held on June 8, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on June 1, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on June 1, 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.
9The responding party claims that “Brabant Newspapers” is a separate division of Southam Inc. and was not served with the application. The issue of the name of the employer will be decided by the Board at the hearing after the vote if necessary.
10There may also be a dispute as to whether the department where the employees in the bargaining unit work is the “Mail Room Department” or the “Inserting /Bindery Department”. This issue will also be dealt with by the Board at the hearing after the vote if necessary.
11There may be a dispute between the parties as to whether or not forepersons or students employed during the school vacation period should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13The 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.
14Any 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).
15The matter is referred to the Registrar.
“Stephen Raymond”
for the Board