2348-00-R Wanda Peckford, Melvina Barnes, and Gwen Hart, Applicants v. United Food and Commercial Workers, Local 206, Responding Party v. Vinyl Window Designs Ltd., Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 15, 2000
1The applicants have applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on November 9, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Vinyl Window Designs Ltd., with an effective date of either March 19, 1999 or April 1, 1999, until January 1, 2001. (The applicants claim the effective date is March 19, 1999, the responding party contends it is April 1, 1999). The bargaining unit description in that collective agreement is as follows:
all employees of Vinyl Window Designs Ltd. At 300 Chrislea Road, Woodbridge, save and except supervisors and persons above the rank of supervisor, office and clerical staff and sales staff and students employed for the school vacation, subject to the Letter of Understanding executed on even date.
Having regard to the provisions of section 63(2) of the Act, the Board finds that, regardless of which of the submitted effective dates of the collective agreement is the accurate one, this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of Vinyl Window Designs Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on November 9, 2000, the application filing date, will be eligible to vote.
5The applicants request that the representation vote be held on November 16, 2000 because, it argues, most employees are at the workplace on Thursday. The responding party agrees with the applicants’ request.
6Having considered the positions of the applicants and the responding party, the Board is of the view that for reasons of sufficient notice to employees, the representation vote should not be held sooner than the normal five-day period following the filing of the application. The representation vote will be held on November 17, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Vinyl Window Designs Ltd..
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, 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. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Patrick Kelly”
for the Board