Ontario Labour Relations Board
2389-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) , Applicant v. WW Hotels (Windsor) Company, carrying on business as Radisson Riverfront Hotel Windsor, Responding Party v. The United Food and Commercial Workers, Local 351, Intervenor.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 17, 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, although the Board has not received any submissions from the intervenor as of the date of this decision.
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 does not dispute the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party agrees with the description of the bargaining unit proposed by the applicant. Nevertheless, it gives notice under section 8.1 of the Act.
The Board finds that the bargaining unit described in the application is an appropriate one. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that there is no numerical difference between the parties. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted. In any event, the responding party agreed that the ballots cast in the representation vote should be counted.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of WW Hotels (Windsor) Company, carrying on business as Radisson Riverfront Hotel Windsor and its Hotel in the City of Windsor, located at 333 Riverside Drive, West, save and except assistant supervisors, persons above the rank of assistant supervisor, office, clerical, sales, administrative and accounting staff.
The vote will be held on November 21, 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 November 14, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 14, 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.
“Gail Misra”
for the Board