2659-00-R IWA - Canada, Applicant v. Corporation of the Town of Hawkesbury, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; December 11, 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 is unable to determine at this stage whether or not the numerical difference between the parties is significant. Although the responding party states that there are twenty-six (26) firefighters in the applicant’s unit, it primarily submits that there are, in fact, no firefighters who are “volunteer firefighters” as defined by section 1(1) of the Fire Protection and Prevention Act, 1997. In the circumstances, the ballot box in the representation vote will be sealed and the ballots not counted until the Board so orders or the parties agree.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all volunteer firefighters of the Corporation of the Town of Hawkesbury in the Town of Hawkesbury, save and except Supervisors, and persons above the rank of Supervisor.
7The vote will be held on December 13, 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 December 4, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 4, 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.
9There is a difference between the parties concerning the appropriate supervisory exclusion and the appropriate description of the employees in the bargaining unit. The applicant proposes to exclude “Supervisors, and persons above the rank of Supervisor”, whereas the responding party seeks to exclude “employees in the position of Fire Chief and Deputy Chief”. In addition, the applicant seeks a unit described as “all volunteer firefighters of the Corporation of the Town of Hawkesbury in the Town of Hawkesbury”, whereas the responding party describes the unit as “all employees of the Corporation of the Town of Hawkesbury who are volunteer firefighters as defined by section 1(1) of the Fire Protection and Prevention Act, 1997, excluding employees who are firefighters as defined by section 42(1) of that Act”. If any individual is in dispute as a result of these differences, such individual shall be entitled to cast a ballot. Any such ballot cast shall be segregated and not counted until the Board so orders or the parties agree.
10Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
11The 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.
12Any 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).
13The matter is referred to the Registrar.
“Caroline Rowan”
for the Board