Ontario Labour Relations Board
File No.: 0646-01-R Date: May 30, 2001
Between: Employees of Accucut Profile and Grinding Ltd., Applicant v. United Steelworkers of America and or Local 5338, Responding Party v. Accucut Profile and Grinding Ltd., Intervenor.
Before: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
Decision of the Board
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995, as amended, (the "Act") for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.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 May 25, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and intervenor, with an effective date of August 17, 1998, until August 16, 2001. The bargaining unit description in that collective agreement is as follows:
The Company recognizes the Union as the sole and exclusive bargaining agent for all of its employees working in the City of Vaughan, Ontario, save and except forepersons, and persons above the rank of foreperson, office, clerical and sales staff, and quality control staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that 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 Accucut Profile and Grinding Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on May 25, 2001, the application filing date, will be eligible to vote.
5The applicant contends that the representation vote should take place on June 8, 2001. The intervenor agrees. The responding party disagrees, and points out that section 63(9) of the Act contemplates votes, in the normal course, within five days following the filing of an application. The applicant has identified that "some" employees are away from the workplace until June 8, 2001. This is not a sufficiently compelling or detailed reason to delay the vote.
6The vote will be held on June 1, 2001. 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 Accucut Profile and Grinding 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