ONTARIO LABOUR RELATIONS BOARD

1240-00-R Canadian Union of Operating Engineers and General Workers, Applicant v.

Downsview Services to Seniors Inc., Responding Party.

BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.

DECISION OF THE BOARD; July 31, 2000

1. This is an application for certification.

2. 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").

3. 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.

4. 'The responding party disputes the applicant's estimate of the number of employees in the applicants proposed bargaining unit, Furthermore, the responding party proposes a different bargaining unit structure 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.

5. The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant against the information provided by the responding party, the Board cannot be absolutely certain that the percentage of the individuals who appear to be members of the trade union is 40 per cent or more in the bargaining unit proposed by the applicant. In these circumstances, the Board directs that the ballot box from the representation vote be sealed. The ballots will not be counted until the Board so orders or the applicant and responding party agree.

6. The Board directs that a representation vote be taken of the individuals in the following voting constituency:

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all employees of Downsview Services to Seniors Inc. in the City of Toronto, save and except supervisors and persons above the rank of supervisor.

7. Given the responding party's position that there should be a bargaining unit excluding office and clerical staff, and a separate office and clerical employee bargaining unit, those ballots cast by office and clerical employees are to be segregated from those cast by other employees entitled to vote. Each person wishing to cast a ballot should identit' his or her position for the purpose of assisting the Labour Relations Officer conducting the vote to identif~y the appropriate segregation.

8. The vote will be held on August 2, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing'.

9. All individuals who had an employment relationship with the responding party in the voting constituency on July 26, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 26, 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.

10. There is a dispute between the parties as to whether or not the positions of co-ordinator, employee benefit clerk, administrative support, administrative clerk and accounts receivable clerk should be included in a bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identi~' himself or herself as occupying a disputed position and such individual shall then 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.

11. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.

12. 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.

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13. Any party or person who wishes to make representations tote 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 (Non­Construction).

14. The matter is referred to the Registrar.

"Patrick Kelly"

for the Board