Ontario Labour Relations Board
Parties
3812-99-R Ontario Public Service Employees Union Applicant v. Casino Windsor, Responding Party v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Intervenor.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; March 24, 2000
Decision of the Board
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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all table games floor supervisors, including dual rate staff, employed by Windsor Casino Limited in the City of Windsor.
5The vote will be held on March 28, 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 March 21, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 21, 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.
7There is a dispute between the parties as to whether or not dual rate staff should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify 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.
8There are a number of other issues in dispute. The intervenor takes the position that if the table game supervisors referred to in the application are found to be employees they fall within the scope of the intervenor’s collective agreement. In the alternative the intervenor submits that the bargaining unit applied for is inappropriate as it will lead to undue fragmentation.
9The responding party has given notice under section 8.1 that it disagrees with the description of the bargaining unit and asserts that the bargaining unit could not be appropriate. The responding party has indicated that the bargaining unit could not be appropriate because it includes managers. The responding party also takes the position that the applicant is not a “registered supplier” within the meaning of the Gaming Control Act 1992 and therefore is ineligible to represent employees in the bargaining unit applied for.
10In light of the above the Board directs that the ballot box will be sealed and the ballots will not be counted until the Board so orders or the parties agree.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12The 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.
13Any 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).
14The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board