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3107-99-R Canadian Independent Union of Manufacturing Employees, Applicant v. Waterloo Furniture Components Ltd., Responding Party v. The United Steelworkers of America Local 7155, Intervenor.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; January 25, 2000
1\. This is an application for certification.
2\. The applicant has not previously been found by the Board to have status as a trade union under the Labour Relations Act, 1995 (the “Act”). It has filed documents in support of its assertion that it is a trade union. However, its status must be determined in the normal course.
3\. 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.
4\. This application relates to employees employed at two plants operated by the employer. Each plant is currently covered by a separate collective agreement between the intervenor and the employer. However, it appears that all parties agree, at least for the purposes of this vote, that a single bargaining unit, covering both plants, is appropriate. Accordingly, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Waterloo Furniture Components Ltd. at Kitchener, save and except assistant supervisors, persons above the rank of assistant supervisor, office and sales staff.
5\. The vote will be held on January 27 & 28, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6\. All individuals who had an employment relationship with the responding party in the voting constituency on January 20, 2000, the certification application filing
date, are eligible to vote. Employees having an employment relationship on January 20, 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.
7\. There is a dispute between the parties as to whether or not technical and engineering staff should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
8\. Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
9\. The intervenor union has raised an objection under section 8.1 of the Act. However, only employers may invoke such an objection. Accordingly, the ballot box will not be sealed following the representation vote in this matter.
10\. The intervenor union also asserts that the employer participated in the formation of the union and initiated this application. However, assuming without finding, that such allegations would cause the Board to seal the ballot box following the representation vote, there are not sufficient facts pleaded in this case to justify such a result.
11\. 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.
12\. 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).
13\. The matter is referred to the Registrar.
“Brian McLean”
for the Board
minicounsel