3664-99-R Communications, Energy and Paperworkers Union of Canada, Applicant v. Cantar/Polyair Canada Limited, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; March 16, 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"). The name of the responding party is amended to read: "Cantar/Polyair Canada Limited".
3The applicant and responding party disagree as to the appropriate bargaining unit. Both agree that this should be an "all employee" unit with a geographic scope of the City of Toronto. However, the parties disagree as to whether the upper limit of the bargaining unit should be lead hand or manager. The issue of whether persons employed as lead hands and supervisors ought to be included in the unit can be determined following the vote. The Board will follow its usual practice of conducting a vote among the widest possible unit and dealing with any challenges in the manner provided for in Information Bulletin No. 4.
4It 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.
5Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Cantar/Polyair Canada Limited in the City of Toronto, save and except Managers, those above the rank of Manager, sales, office and clerical staff.
6The vote will be held on March 20, 2000. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.
7All individuals who had an employment relationship with the responding party in the voting constituency on March 13, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 13, 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10Any 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, 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).
11The matter is referred to the Registrar.
"David A. McKee"
for the Board