Universal Workers Union of Canada, Labourers’ International Union of North America Local 183 v. The Cadillac Fairview Corporation Limited
2309-00-R Universal Workers Union of Canada, Labourers’ International Union of North America Local 183, Applicant v. The Cadillac Fairview Corporation Limited, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 18, 2000
Decision
1This is an application for certification pursuant to the Board’s direction of November 9, 2000, a representation vote was taken of the individuals in the following bargaining unit:
all employees of The Cadillac Fairview Corporation Limited Don Mills Centre, 939 Lawrence Avenue East, Toronto, Ontario, save and except supervisors, persons above the rank of supervisor, office and clerical staff.
2It appeared that the bargaining unit sought included guards, and the responding party registered its objection pursuant to subsections 14(2) and 14(3) of the Labour Relations Act, 1995 (the “Act”).
3Subsequently, the parties agreed that two bargaining units were appropriate for collective bargaining:
Bargaining Unit #1:
All employees of the Cadillac Fairview Corporation Limited, 939 Lawrence Avenue East, Toronto, Ontario, save and except supervisors, persons above the rank of supervisor, office and clerical staff and security staff.
Clarity Note:
For the purpose of clarity, the parties agree that marketing and customer
care staff are excluded as office and clerical.
Bargaining Unit #2:
All security staff employed by Cadillac Fairview Corporation Limited, at
939 Lawrence Avenue East, Toronto, Ontario, save and except Assistant Supervisor and persons above the rank of Assistant Supervisor.
4On the taking of the representation vote, more than fifty per cent of the ballots cast by the employees in each bargaining unit were cast in favour of the applicant.
5Certificates will issue to the applicant.
6The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
7The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously.
“Mary Ellen Cummings”
for the Board