2337-00-R Union of Needletrades, Industrial, and Textile Employees, Applicant v. Mitchell Plastics Ltd., Responding Party.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF BRAM HERLICH, VICE-CHAIR, AND BOARD MEMBER H. PEACOCK; November 10, 2000
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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Mitchell Plastics Ltd. in the Regional Municipality of Kitchener-Waterloo, save and except team leaders, persons above the rank of team leaders, office and sales staff.
5The vote will be held on November 15, 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 November 7, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 7, 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.
7The parties do not agree as to the geographic scope of the proposed unit. The applicant does, however, indicate that the employees it seeks to represent work at a single location.
8Furthermore, there is a dispute between the parties as to whether or not the positions of supervisors, technical, students employed during the school vacation period and employees that regularly work less than 24 hour per week 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.
9The responding party has filed a section 8.1 notice.
10Upon reviewing the material before it and accepting all of the relevant estimates provided by the responding party, the Board is satisfied that, whether in relation to the bargaining unit proposed by the applicant or the responding party, the applicant has demonstrated sufficient support such that the differences in the numbers advanced by the parties are not numerically significant. Accordingly, there is no need to seal the ballot box.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12The 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.
13Any 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).
14The matter is referred to the Registrar.
"Bram Herlich"
for the majority
DECISION OF BOARD MEMBER J. A. RONSON; November 10, 2000
It would appear that if the ballots are counted notwithstanding the responding party's section 8.1 notice, there may be no bar if the union loses the vote. In the circumstances then, no vote should take place until the secton 8.1 issues are dealt with at the hearing. If a vote is ordered, then at the least the ballot box should be sealed until the section 8.1 issues are resolved.
"Jim Ronson"