Ontario Labour Relations Board
File No.: 1583-00-R Date: September 1, 2000
Between: International Union of Operating Engineers Local 772, Applicant v. Brookfield Lepage Johnsons Control, Responding Party
Before: Anthony Brown, Vice-Chair
Decision of the Board
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 (“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 responding party does not dispute the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. The responding party proposes a different bargaining unit from that proposed by the applicant and it contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act but has agreed that the ballots cast should be counted.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all technicians employed by Brookfield Lepage Johnsons Control located at 350 King Edward Street and 240 Sparks Street, Ottawa, Ontario, save and except Maintenance Team Leader and persons above the rank of Maintenance Team Leader.
6The vote will be held on September 6, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on August 29, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 29, 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.
8There is a dispute as to whether the employees working at the 240 Sparks Street location should be included in the bargaining unit or whether the unit should include only those employees working at the 350 King Edward Street location. The ballots cast by employees at the 240 Sparks Street location shall be segregated from the ballots cast by employees at the 350 King Edward Street location. The ballot box containing ballots cast by employees employed at the 240 Sparks Street shall be sealed and those ballots shall not be counted until the Board so directs or the parties agree.
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.
“Anthony Brown”
for the Board