International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 58 v. Stage West All-Suite Hotel & Theatre Restaurant
1388-00-R International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 58, Applicant v. Stage West All-Suite Hotel & Theatre Restaurant, Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF TIMOTHY W. SARGEANT, VICE-CHAIR AND BOARD MEMBER R. R. MONTAGUE; August 15, 2000
1This is an application for certification.
2The applicant has not previously been found to be a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”). The applicant is therefore directed to, not later than August 29, 2000, file with the Board and deliver to the other parties copies of all materials upon which it intends to rely in establishing that it is a trade union within the meaning of 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 stage employees of Stage West All-Suite Hotel & Theatre Restaurant in the City of Mississauga save and except Production Manager and persons above the rank of Production Manager.
5The vote will be held on August 17, 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 August 10, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 10, 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.
7The responding party takes the position that the individuals believed by the applicant to be within its proposed bargaining unit are not employees, but are independent contractors. Further there seems to be a dispute between the parties as to whether or not the position of students working only during the school vacation period and less than 24 hours per week should be included in the bargaining unit. If any individual is in dispute as a result, and wishes to cast a ballot, such individual shall 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.
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 employer has given the Board notice under section 8.1 of the Act that it disagrees with the union’s estimate of the number of individuals in the bargaining unit included in the application for certification. However, the Board has determined that regardless of which number is used regarding the number of individuals in the bargaining unit, if such individuals are not found to be independent contractors, not less than forty percent of the individuals proposed in the bargaining unit in the application for certification were members of the union at the time the application was made. In the circumstances there will be no order directing that the ballot box be sealed.
10The 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.
11Any 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).
12The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the majority
DECISION OF BOARD MEMER J.A. RONSON; August 15, 2000
The employer has pleaded that section 8.1 applies. As a result, there should be no vote until the issues are dealt with at a hearing. If a vote is ordered, then at the least, the ballot box should be sealed until the section 8.1 issues are resolved.
“J. A. Ronson”