Ontario Labour Relations Board
3630-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Trailmobile Parts & Service Canada Ltd., Responding Party.
BEFORE: Christopher J. Albertyn, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; March 15, 2000
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”).
3The responding party has filed a notice under section 8.1. The notice is
not in respect of any disagreement with the applicant over the number of employees in the bargaining unit, but with the applicant’s bargaining unit description. The responding party takes issue with the absence of a geographical description in the applicant’s proposed bargaining unit and with the non-exclusion of employees who are covered by an existing collective agreement. In our view there is no difference of substance between the unit intended by the applicant and that asserted by the responding party. We think the unit described by the responding party better describes the substance of the unit sought by the applicant. In the circumstances we will vote the unit described by the responding party. If anything of substance turns on the difference between the parties’ proposed bargaining units, then appropriate ballot segregations can be made, although we do not anticipate that. The parties agree that the ballots should be counted.
4It 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.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the PDC Warehouse of Trailmobile Parts & Service Canada Ltd. in the City of Mississauga, save and except supervisors and persons above the rank of supervisor, and persons covered by an existing collective agreement.
6The vote will be held on March 17, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on March 10, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 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.
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 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.
10Any 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).
11The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board