Ontario Labour Relations Board
2478-00-R United Food and Commercial Workers International Union, Local 333, Applicant v. Leisure World Inc., Responding Party v. Sandra Christiaens, Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; December 18, 2000
1This is an application for certification.
2A representation vote was held on November 24, 2000. The Board ordered that the ballot box be sealed on the basis of allegations made by an employee. Ms. Christiaens alleged that the employer advised her that the applicant had already been certified to represent the employees, and that she had to sign a union membership card as a condition of employment. These are very serious allegations.
3The Board has received correspondence from the applicant, the employer and from the Service Employees International Union, Local 220 (the “SEIU”). The SEIU also seeks to intervene in this matter, and has made similar allegations to those of Ms. Christiaens in an unfair labour practice complaint.
4The applicant, the employer and the SEIU have asked the Board to direct that the ballot box be opened and the votes counted.
5Although, all of the letters are worded differently, in essence, they submit that counting the ballots may end the application for certification proceedings, and bring these matters to a speedy end. If the ballot count does not, practically, end the matters, then the Board would proceed to a hearing into the allegations.
6The allegations, we repeat, are serious. However, having regard to the correspondence requesting that the ballots be counted, and what we believe makes labour relations sense, we direct that the ballots be counted. We are mindful that there are two subsequent applications for certification that the Board has postponed considering. It would be in the interests of all parties if there were a practical way to advance this matter and shorten the period of disruption to the workplace.
7This matter is referred to the Manager, Field Services, to arrange a count of the ballots.
8If any procedural issues arise with respect to this matter, the Registrar is directed to place them before this panel of the Board, if practical.
9The employer is directed to post this decision adjacent to the Board’s posted notices.
“Mary Ellen Cummings”
for the Board