2591-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. The Windsor-Essex County Real Estate Board, Responding Party v. Service Employees International Union, Local 210, Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 4, 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”).
The employees are currently represented by the intervenor.
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. Further, this application appears to be timely.
The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. It gives notice under section 8.1 of the Act.
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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of The Windsor-Essex County Real Estate Board, save and except supervisors and persons above the rank of supervisor, the confidential secretary to the Executive Officer and summer students.
The vote will be held on December 6, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
There is a difference between the applicant and the intervenor concerning the appropriate bargaining unit description. The applicant seeks a unit consisting of “all employees of …” the responding party whereas the intervenor describes the unit as “all employees employed by …” the responding party. If any individual is in dispute as a result of such difference, such individual shall 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.
All individuals who had an employment relationship with the responding party in the voting constituency on November 29, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 29, 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 they wish to be represented by the applicant or the intervenor 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, 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.
“Caroline Rowan”
for the Board