Canadian Union of Public Employees v. Beutel Goodman Real Estate Group
File No.: 1456-01-R Date: August 23, 2001
Before: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
Decision of the Board
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").
3It 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.
4The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit from that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
5The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees employed by Beutel Goodman Real Estate Group at the One Eleven Avenue Road Retirement Home in the City of Toronto, save and except supervisors and persons above the rank of supervisor and for whom a trade union held bargaining rights on the date of application.
7The Board has considered the submissions of the responding party concerning an appropriate date for the vote to be conducted. Though not prepared to grant the request of the responding party in its entirety, in these circumstances the Board directs that the vote be held on August 28, 2001. Other vote arrangements will be as determined by the Registrar and set out in the attached Notice of Vote and of Hearing.
8All individuals who had an employment relationship with the responding party in the voting constituency on August 20, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 20, 2001, 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.
9There is a dispute between the parties as to whether or not the positions of Directors, persons above the rank of Director, executive chef, registered nurses, registered practical nurses and students employed during the summer vacation period should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
10The responding party has submitted that there will be an imminent buildup of employees at this location and asked that the present certification proceedings be held on or after January 15, 2002. In the alternative the responding party requests that the ballot box be sealed. In the alternative the responding party requests that an oral hearing be held prior to the vote being conducted to decide whether to defer the vote by reason of buildup. The Board has considered these submissions and is not prepared to delay the vote, seal the ballot box or conduct an oral hearing prior to the vote. The issue relating to buildup may be addressed in accordance with the provisions of paragraph 13 of this decision.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12The 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.
13Any 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).
14The matter is referred to the Registrar.
"Timothy W. Sargeant"
for the Board