Ontario Labour Relations Board
3917-99-R Industrial Wood & Allied Workers of Canada (IWA-Canada), Applicant v. Canac Kitchens, Division of Kohler of Canada Ltd., Responding Party v. United Brotherhood of Carpenters & Joiners of America, Local 1072, Intervenor.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; April 7, 2000
Decision
1This is a displacement application for certification.
2By decision dated April 3, 2000 the Board directed that a representation vote be conducted on April 5, 2000. The responding party had given notice of an objection under section 8.1 of the Labour Relations Act, 1995 (the "Act") and the ballot box was sealed as it was not possible for the Board to compare the membership evidence produced by the applicant as against the information the responding party is required to provide at that time. However, the Board has now had an opportunity to compare the membership evidence as provided by the applicant as against the information provided by the responding party and finds 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.
3The Board has received correspondence from the applicant in which it raises various concerns relating to the vote process. The Board is also concerned with that process as there are an inordinate number of segregated ballots as a result of challenges by the intervenor. The vote process requires that representatives including scrutineers have knowledge of the workplace and its employees and, are thus capable of assisting the Board in providing the expeditious voting procedure contemplated by the Labour Relations Act, 1995 (the "Act"). Furthermore, the Board notes that the Returning Officer conducting the vote was required to extend the poll until all persons presented were given an opportunity to cast a ballot as a result of the number of challenges made by the intervenor.
4After considering the submissions received by the applicant, the Board's determination as set out in paragraph 2, and the material in the file, the Board directs that the ballots should be counted.
5The Board directs that all parties meet with Mr. Ed Hunt, a Labour Relations Specialist on Wednesday, April 12, 2000 at 10:00 a.m. at the Board's premises at 505 University Avenue, 2nd Floor. The intervenor should be prepared to justify the grounds for each of its challenges at that meeting.
6The responding party is directed to bring employee records with respect to each person on the voter's list to the meeting on April 12, 2000 which may be used by the Labour Relations Specialist to verify their status as employees.
"Laura Trachuk"
for the Board