Industrial Wood & Allied Workers of Canada v. The Balmer Studios Inc. and Two Plus Seven Inc.
File Nos.: 0755-00-U; 1969-00-U; 1947-00-R; 2189-00-R Date: November 21, 2000
Before: Marilyn Silverman, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
Appearances: Ursula Boylan and Fran Borsellino for the applicant; Donna M. D’Andrea, Brad Balmer for the responding party.
Decision of the Board
1Board File No. 1947-00-R is an application for certification. There are three other applications. Two of these are applications filed under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act') alleging violations of sections 70, 72 and 76 of the Act. In addition there is an application under subsection 4 of section 1 of the Act requesting that the two responding parties be found to be one employer for the purposes of the Act.
2By decision dated October 5, 2000 the Board (differently constituted) ordered the holding of a representation vote. There is an issue between the parties as to the appropriate bargaining unit as a result of the fact that there are two corporate entities involved. As a consequence of this dispute the Board ordered that the ballots be segregated for the two entities. Upon reconsidering that decision the Board determined that the two ballot boxes be sealed as well.
3At the date scheduled for hearing the parties agreed to count the ballots cast. On the counting of the ballots, more than fifty percent of the ballots cast by employees in the bargaining unit comprised of both responding parties were cast in favour of the applicant. More than fifty percent of the ballots cast by employees in the bargaining unit of one of the responding parties Two Plus Seven Inc., were cast in favour of the applicant. Not more than fifty percent of the ballots cast by employees in the bargaining unit of the other responding party, Balmer Studios were cast in favour of the applicant.
4Following the counting of the ballots the applicant requested an interim certificate to issue for employees of the Two Plus Seven Inc. bargaining unit. The responding parties requested that the Board do a second check of the membership evidence as it related to Two Plus Seven Inc. alone. The responding parties indicated that if the Board determined that there was no significant section 8.1 challenge in respect of that group of employees they did not object to an interim certificate issuing to the applicant for that unit of employees.
5Having regard to the agreement of the parties the Board did the further check requested and then issued the following oral ruling:
The Board is satisfied that based on its further review of the membership evidence that there is no significant section 8.1 issue remaining. In respect of the applicant’s request for an interim certificate pending the disposition of the section 1(4) application, which request is not opposed by the responding parties, the Board grants an interim certificate to the applicant for:
all employees of Two Plus Seven Inc. in the Greater Toronto Area, save and except supervisors, persons above the rank of supervisor, security guards, office personnel, clerical staff and sales staff.
6The matter is referred to the Registrar to schedule dates for the continuation of the hearing in these applications.
7The responding party is directed to post copies of this decision immediately, adjacent to all copies of he “Notice of Vote and Hearing” posted previously. These copies must remain posted for 30 days.
“Marilyn Silverman”
for the Board