1391-00-R United Food and Commercial Workers International Union Local 175, Applicant v. Chapters, Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF TIMOTHY W. SARGEANT, VICE-CHAIR AND BOARD MEMBER D. A. PATTERSON; August 16, 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”).
Having regard to the agreement of the parties, the Board further finds that:
all employees of Chapters, 2401 City Park Drive, Gloucester, save and except Department Managers and those above the rank of Department Manager,
constitute a unit of employees of the responding party appropriate for collective bargaining.
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.
Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Chapters, 2401 City Park Drive, Gloucester, save and except Department Managers and those above the rank of Department Manager.
The responding party has requested that the vote be on Monday, August 21, 2000 or Tuesday, August 22, 2000 due to scheduling concerns and summer vacation. In the alternative the responding party requests that a mail-in ballot be permitted. The Board has considered the submission and is not prepared to depart from its normal practice and therefore will not grant either request.
The vote will be held on August 18, 2000. Other vote arrangements will be as directed 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 August 11, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 11, 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.
The employer has given the Board notice under section 8.1 of the Act that it disagrees with the union’s estimate of the number of individuals in the bargaining unit included in the application for certification. However, the Board has determined that regardless of which number is used regarding the number of individuals in the bargaining unit, not less than forty percent of the individuals proposed in the bargaining unit in the application for certification were members of the union at the time the application was made. In the circumstances there will be no order directing that the ballot box be sealed.
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 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, 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.
“Timothy W. Sargeant”
for the Board
DECISION OF BOARD MEMBER J. A. RUNDLE; August 16, 2000
I dissent.
A plain reading of sections 8 and 8.1 of the Labour Relations Act, 1995 (the “Act”) requires the Board to seal the ballot box, when as in the instant matter, an employer has given notice that it disagrees with the trade union's estimate of the number of individuals in the unit described in the application for certification.
Subsection 8.1(4) requires the Board to seal the ballot box unless the trade union and the employer agree otherwise. Accordingly, I would have directed the ballot box to be sealed.
“J. A. Rundle”