Ontario Labour Relations Board
2547-00-R Brewery, General & Professional Workers’ Union, Applicant v. The Corporation of the Town of Newmarket, Responding Party.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 29, 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").
3Having regard to the agreement of the parties, the Board further finds that:
all employees in the Facilities Section of the Department of Parks, Recreation and Culture of the Town of Newmarket, save and except supervisors, persons above the rank of supervisor, office, technical and clerical staff, persons not regularly employed for more than 24 hours per week, and students employed during school vacation periods,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4It 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.
5Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees in the Facilities Section of the Department of Parks, Recreation and Culture of the Town of Newmarket, save and except supervisors, persons above the rank of supervisor, office, technical and clerical staff, persons not regularly employed for more than 24 hours per week, and students employed during school vacation periods.
6The vote will be held on December 1, 2000. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.
7All individuals who had an employment relationship with the responding party in the voting constituency on November 24, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 24, 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10Any 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, 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).
11The matter is referred to the Registrar.
"Timothy W. Sargeant"
for the Board