Ontario Labour Relations Board
1338-00-R Communications, Energy and Paperworkers Union of Canada Local 87-M Southern Ontario Newspaper Guild, Applicant v. Sing Tao Newspapers (Canada 1988) Limited, Responding Party.
BEFORE: Laura Trachuk, Vice‑Chair.
APPEARANCES: J. James Nyman and Howard Law for the applicant; M.T. Doi, P. Li and K. Chan for the responding party.
DECISION OF THE BOARD; September 27, 2000
A representation vote was held pursuant to the Board’s direction of August 9, 2000.
Except with respect to the emphasized portions, the parties have agreed on the following bargaining unit description:
all employees of Sing Tao Newspapers (Canada 1988) Limited in the City of Toronto and Town of Markham, save and except supervisors and persons above the rank of supervisor and pending resolution by the Board, excluding as well MIS Systems Support, Finance Systems Programmer, Chief Pressman, Accounting Officer, Subscription Supervisor, Human Resource/Accountant.
It is the applicant's position that the individuals in the disputed positions should be included in the bargaining unit. The responding party takes the opposite position.
A hearing has been convened to determine the status of the individuals in the disputed positions.
The Board has determined, however, that the applicant's right to certification cannot be affected by the Board's ultimate decision as to the inclusion or exclusion of the disputed classifications. On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant, regardless of the outcome of the dispute over the bargaining unit.
Accordingly, the Board pursuant to its discretion under section 9(2) of the Act, having regard to the agreement of the parties and pending the final resolution of the composition of the bargaining unit, certifies the applicant as the bargaining agent for all employees of Sing Tao Newspapers (Canada 1988) Limited in the City of Toronto and Town of Markham, save and except supervisors and persons above the rank of supervisor and pending the resolution of the status of these categories, excluding as well MIS Systems Support, Finance Systems Programmer, Chief Pressman, Accounting Officer, Subscription Supervisor, Human Resource/Accountant.
A final certificate must await the final determination of the appropriate bargaining unit.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for 30 days.
“Laura Trachuk”
for the Board