2684-00-R National Automobile, Aerospace, Transportation and General Woarkers Union of Canada (CAW-Canada), Applicant v. The Corporation of the Township of Terrace Bay, Responding Party v. Service Employees International Union, Local 268, Intervenor.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; December 11, 2000
This is a displacement 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”).
The employees are currently represented by the intervenor.
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. Further, this application appears to be timely.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of The Corporation of the Township of Terrace Bay, save and except supervisors, foremen, persons above the rank of supervisor or foreman, Economic Development Supervisor, Welfare Administrator, Airport Director, casual employees, students employed during the school vacation period, students employed on a cooperative work study program, students employed during the school year, and employees in bargaining units for which any trade union other than Service Employees Union Local 268 held bargaining rights as of the date of April 7, 1994.
The vote will be held on December 13, 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 December 6, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 6, 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.
Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
There may be a dispute as to whether the bargaining unit description should be subject to the same clarity notes as were contained in the collective agreement between the intervenor and responding party. That issue will be determined by the Board at the hearing after the vote if necessary.
The responding party claims that the application is untimely as a conciliation officer has been appointed. However the collective agreement does not expire until December 31, 2000 and the application is therefore timely.
The responding party also gives notice under section 8.1 of the Act. However it does not dispute the applicant’s estimate of the number of employees in the bargaining unit (20) nor does it dispute the bargaining unit description except to the extent of wanting to add the notes which “clarify” that description. There is therefore no basis for an objection under section 8.1.
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, 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