Court File and Parties
National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Park Hyatt Toronto formerly The Park Plaza Hotel Hospitality L.P., Responding Party v. Service Employees International Union, Local 204, Intervenor #1 v. Local 280 of the International Beverage Dispensers and Bartenders Union of the Hotel Employees and Restaurant Employees and Bartenders International Union, Intervenor #2.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; April 10, 2000
Decision
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 the Park Hyatt Toronto, save and except supervisors, those above the rank of supervisor and employees represented by trade unions other than Service Employees International Union, Local 204
5The Board notes that the applicant has amended its application so that employees represented by Local 280 of the International Beverage Dispensers and Bartenders Union of the Hotel Employees and Restaurant Employees and Bartenders International Union are excluded. Accordingly, it serves no purpose to rule on the incumbent's and employer's assertion that the application should be dismissed because the Bartenders Union was not served properly.
6The Board notes that there is a dispute between the parties as to the appropriate bargaining unit description. This issue can be resolved at or before the hearing into this matter.
7The vote will be held on April 12, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on March 31, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 31, 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.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor Service Employees International Union, Local 204 in their employment relations with the responding party.
10The employer has given the Board notice under section 8.1 of the Act that it disagrees with the applicant's estimate of the number of employees in the bargaining unit. If the employer's assertion of the number of employees in the bargaining unit is correct, the applicant will not have the support of 40% or more employees in the bargaining unit. Accordingly, the ballot box will be sealed following the representation vote in this matter until the Board orders otherwise or the three affected parties agree.
11The 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.
12Any 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).
13The matter is referred to the Registrar.
"Brian McLean"
for the Board