Ontario Labour Relations Board
3289-99-R International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Applicant v. Corporation of the City of Guelph, Responding Party.
BEFORE: Russell Goodfellow, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; February 11, 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.
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 stage employees of the Corporation of the City of Guelph in the City of Guelph save and except Technical Director and persons above that rank and stage employees covered by a subsisting collective agreement with the Canadian Union of Public Employees.
5The vote will be held on February 15, 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 February 8, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on February 8, 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.
7The responding party has raised a number of objections to the application. First, it gives notice under section 8.1 of the Act. That notice is numerically relevant. Accordingly, the ballot box will be sealed until the Board orders or the parties agree otherwise. Second, it submits that the proposed bargaining unit could not be appropriate. The Board finds that it could be appropriate. Whether it is an appropriate unit can be addressed, as necessary, at a hearing following the vote. Third, the responding party submits that the application should be dismissed as an abuse of the Board’s processes and/or because the applicant is barred from applying for certification having regard to a bar imposed in Board File No. 0300-99-R. These issues, too, can be addressed, as necessary, at a hearing following the vote.
8The Board wishes to advise the parties that the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada has not previously been found by the Board to be a trade union within the meaning of the Act. A certificate of status is on file, however, for a trade union that does not include the highlighted words in its name. This issue, too, may need to be addressed following the vote.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The 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.
11Any 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).
12The matter is referred to the Registrar.
“Russell Goodfellow”
for the Board