1129-00-R International Union of Operating Engineers Local 772, Applicant v. DSM Engineering Plastics Ltd., Responding Party.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; July 18, 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 DSM Engineering Plastics Ltd. in the Regional Municipality of Hamilton Wentworth, save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff.
The vote will be held on July 20, 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 July 13, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 13, 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 responding party has filed a notice pursuant to section 8.1 of the Act. Accordingly, the ballot box will be sealed until the parties agree or the Board directs otherwise.
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 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 applicant has filed an application pursuant to section 96 of the Act, in Board File No. 0705-00-U. The Board directs the Registrar to schedule this application for certification to be heard at the same time as the application in Board File No.
0705-00-U. The panel of the Board hearing the matter will determine whether the applications should be consolidated.
- The matter is referred to the Registrar.
“Anthony Brown”
for the Board