Amalgamated Transit Union, Local 113 v. Toronto Transit Commission
File No.: 3551-99-R Before: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; March 8, 2000
1This is an application for certification.
2The Board does not have a record showing that the applicant has been previously found by the Board to be a trade union, under its existing name. However, in Board File No. 18,175-59, The Amalgamated Association of Street Electric Railway & Motor Coach Employees of America, Division 113, Toronto (Toronto Street Railway & Motor Coach & Maintenance Employees Union, Division 113) was certified as the bargaining agent of a unit of employees at the Ferry Department of the Toronto Transit Commission. For the purpose of this application, and subject to any views expressed by the parties, the Board is prepared to assume that this union is now the Amalgamated Transit Union, Local 113 and therefore has status as a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
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 employees of the Toronto Transit Commission employed in Revenue Operations, save and except assistant supervisors and persons above the rank of assistant supervisor.
5The vote will be held on March 13, 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 March 6, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 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.
7There is a dispute between the parties as to whether or not the positions of crew chief, audit and control clerk, banking clerk, administrative support clerk, processing coordinator, senior processing clerk, ticket agent order coordinator and vault custodian 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The 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.
10Any 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).
11The matter is referred to the Registrar.
“Anthony Brown”
for the Board