1631-00-R United Food and Commercial Workers International Union Local 175, Applicant v. Hallmark Housekeeping Services Inc., Responding Party.
BEFORE: Russell Goodfellow, Vice‑Chair, and Board Members J. A. Ronson and
R. R. Montague.
DECISION OF THE BOARD; September 22, 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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Hallmark Housekeeping Services Inc. at 85 Richmond Street West in the City of Toronto, save and except foreperson and persons above the rank of forepersons.
The vote will be held on October 2, 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 September 1, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 1, 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 appears to be a dispute between the parties as to the composition of the bargaining unit. That dispute is described in correspondence from the applicant dated September 8, 2000, and from the responding party dated September 8 and 15, 2000. In order to accommodate this dispute, the Board will provide notice of the vote to the employees who were working at the location in question prior to September 1, 2000 and such employees shall be entitled to vote. To that end, the responding party is directed to provide the Board and the applicant with the names and addresses of such employees prior to 5:00 p.m. on September 25, 2000. The applicant will then have until 5:00 p.m. on September 26, 2000 to advise the Board and the responding party as to any disagreements with this information. The Board then will provide notice to the broadest possible category of employees. The ballots cast by these individuals will then be segregated from those originally claimed to be in the unit by the responding party. No ballots will be counted until the Board orders or the parties agree.
There is also a dispute between the parties as to whether or not the positions of office, clerical and sales staff should be included in the bargaining unit and whether the bargaining unit description should include "all employees of Hallmark Housekeeping Services Inc..." or "all employees of Hallmark Housekeeping Services Inc. engaged in cleaning services..." Any employee who may be affected by this dispute shall be entitled to cast a ballot but his or her ballot shall be segregated and not counted until the Board orders or the parties agree.
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.
"Russell Goodfellow"
for the Board