2063-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Beaver Foods Limited, Responding Party.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; October 17, 2000
This is an 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”).
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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Beaver Foods Limited located at 170 The West Mall and 5559 Dundas Street West in the City of Toronto, save and except supervisors and persons above the rank of supervisor.
The vote will be held on October 19, 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 October 12, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 12, 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.
The applicant seeks a bargaining unit comprised of two worksites. The employer asserts that employees at each of those sites ought to comprise separate bargaining units. Subject to any agreement of the parties to the contrary, ballots will be counted in a fashion which will permit separate counts for all of the various proposed units.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The responding party employer has filed a notice under section 8.1. However, it has failed (due to what it claims was late or improper service of the application) to file a complete response and it is therefore not possible for the Board to determine, at this stage, whether there is any numerically relevant dispute regarding the number of employees in the bargaining unit(s). In any event, the responding party agrees that the ballots ought to be counted.
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, 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).
The matter is referred to the Registrar.
“Bram Herlich”
for the Board