Ontario Labour Relations Board
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: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; September 29, 2000
1This is an application for certification.
2The parties have agreed to deal initially with the issue as to whether or not a summer student should be included in the bargaining unit, as the resolution of that issue may finally determine the outcome of this matter.
3The applicant contends that the student should be included in the bargaining unit. It argues, among other things, that the student performs substantially the same duties as those of other proposed members of the bargaining unit. The applicant submits that the Board does not exclude students from craft units. Finally, the applicant argues that the Board should make a determination of this issue without a hearing scheduled for October 2 and 3, 2000.
4The responding party contests the applicant’s assertion that the student performs similar tasks to those of other proposed bargaining unit members, and it disagrees with the contention that the Board’s usual practice is not to exclude students from craft units. The responding party submits that a hearing is required to properly determine the dispute.
5There are disputes of fact and law between the parties concerning this issue. Accordingly, the Board is not prepared to determine the issue without a hearing.
6The question of the inclusion or exclusion of the student is referred to the panel scheduled to hear this matter on October 2 and 3, 2000.
"Patrick Kelly"
for the Board