3972-99-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. The North York Performing Arts Centre Corporation, Responding Party.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Rundle and
D. A. Patterson.
DECISION OF THE BOARD: April 5, 2000
This is an application for certification.
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”).
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.
The responding party proposes a different bargaining unit description from 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.
The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all stage employees of The North York Performing Arts Centre Corporation in the City of Toronto, save and except Production Manager and persons above the rank of Production Manager.
The vote will be held on April 7, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on March 31, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 31, 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.
There is a dispute between the parties as to how the bargaining unit should be described. That issue will be decided by the Board at the hearing following the vote if necessary.
The responding party also objects to the Board proceeding with this application on the basis that it has voluntarily recognized the applicant, or alternatively that it is the successor employer to Livent Corporation with whom the applicant has a collective bargaining relationship. The Board considers it appropriate in these circumstances to hold the representation vote and count the ballots. The issues raised by the responding party will be determined by the Board following the vote if necessary.
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.
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.
Any 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).
The matter is referred to the Registrar.
“Laura Trachuk”
for the Board