I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada v. Superior Telecom
3894-99-R I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada, Applicant v. Superior Telecom, Responding Party.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; March 31, 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 responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
5The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. 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.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Superior Telecom, save and except supervisors/foremen/managers and persons above the rank of supervisors/foremen/managers and office staff.
7The vote will be held on April 4, 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 28, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 28, 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.
9There may be a dispute between the parties as to whether or not the position of foreman should be included in the bargaining unit. There appears to be a dispute with respect to whether or not sales and clerical staff should be included in the bargaining unit, and with respect to certain managerial exclusions. Either party may challenge voters on the basis of these or other disputes, during the representation vote. Any ballot cast by such a challenged voter shall be segregated and not counted until the Board so orders or the parties agree.
10Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
11The responding party asserts that its entire operation is an undertaking as contemplated in accordance with the Canada Labour Code, and, as such, the application is not a matter within the jurisdiction of the Board. If the responding party’s position with respect to the jurisdiction of the Board is correct, then the Board has no authority to issue a certificate to the applicant, regardless of the result of the representation vote to be taken on April 4, 2000.
12The issue of jurisdiction is one that need not be determined at this time, and may be raised with the panel of the Board at the hearing of this matter.
13The 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.
14Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
15The matter is referred to the Registrar.
“Patrick Kelly”
for the Board