3917-99-R Industrial Wood & Allied Workers of Canada (IWA-Canada), Applicant v. Canac Kitchens, Division of Kohler of Canada Ltd., Responding Party v. United Brotherhood of Carpenters & Joiners of America, Local 1072, Intervenor.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; April 3, 2000
This is a displacement 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”).
The employees are currently represented by the intervenor.
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 responding party disputes the applicant’s estimate of the number of employees in the bargaining unit. It gives notice under section 8.1 of the Act. At this point it is not possible for the Board to compare the membership evidence provided by the applicant as against the information the responding party is required to provide. It is, therefore, possible that there may be a significant numerical difference. The Board, therefore, directs that the ballot box be sealed until the parties agree to count the ballots or the Board so directs.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Canac Kitchens, A Division of Kohler in the Region of York and Durham, save and except foremen, persons above the rank of foreman, office, clerical and sales staff, installers and truck drivers.
The vote will be held on April 5, 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 March 29, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 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.
Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor 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, 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.
“Laura Trachuk”
for the Board