Court File and Parties
File No.: 2309-00-R Date: 2000-11-09 Ontario Labour Relations Board
Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. The Cadillac Fairview Corporation Limited, Responding Party.
Before: Bram Herlich, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
Decision of the Board; November 9, 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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of The Cadillac Fairview Corporation Limited Don Mills Centre, 939 Lawrence Avenue East, Toronto, Ontario, save and except supervisors, persons above the rank of supervisor, office and clerical staff.
5The vote will be held on November 14, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on November 6, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 6, 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.
7It appears that the bargaining unit proposed by the applicant includes (but is not restricted to) guards.
8The responding party employer has registered its objection under both sections 14(2) and 14(3) of the Act.
9The responding party employer has also filed a notice under section 8.1. However, having reviewed the materials before it, the Board is satisfied that the section 8.1 notice, whether in relation to the bargaining unit proposed by the applicant or the employer, is not numerically relevant. There is therefore no need to seal the ballot box as a result of the notice under section 8.1.
10However, since the employer objects to the inclusion of guards in the unit or to the representation of guards by this applicant, any ballots marked by guards in the representation vote directed herein shall be segregated and not counted except on agreement of the parties or by further order of the Board. Further, in view of the position of the parties any ballots marked by assistant supervisors, marketing and customer care staff will be similarly segregated and not counted.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12The 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.
13Any 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).
14The matter is referred to the Registrar.
“Bram Herlich”
for the Board