1984-01-R Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. Westwood Management, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; October 22, 2001
This is an application for certification.
The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
The membership cards filed by the applicant are headed: “Application for Membership” in bold capital letters, followed in the next line by: “In the Universal Workers Union Local 183”. The body of the membership application document states:
I hereby make application to become a member of the Universal Workers Union Local 183. In doing so, I, of my own free will and accord, hereby authorize the Universal Workers Union Local 183 or its representatives, or officers to act for me as collective bargaining agent in all matters pertaining to my employment including rates of wages, hours of work and other conditions of employment.
There is no reference to Labourers' International Union of North America on the membership cards filed by the applicant. However, because the name of the organization on the membership cards filed in this application and the name of the applicant both bear the words “Universal Workers Union Local 183”, the Board is satisfied 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 appear to be members of the applicant 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 Westwood Management at 3400 Riverspray Crescent, Mississauga, Ontario, engaged in cleaning and maintenance, including resident superintendents save and except property managers, office and clerical staff.
The vote will be held on October 24, 2001. 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 October 17, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 17, 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.
There is a dispute between the parties as to whether or not the position of rental agent 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.
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 Board notes that there is no completed Confirmation of Posting in this file. To the extent the responding party failed to make and post copies of the Application for Certification (Form A-1) and/or the Notice to Employees of Application for Certification (Form C-2) as directed by the Registrar in Confirmation of Filing of Application for Certification dated October 17, 2001, it is directed to do so immediately. These copies must remain posted for a period of 30 days. The responding party is further directed to file with the Board a completed Confirmation of Posting verifying that the above-mentioned copies have been posted appropriately, and to do so by 12:00 p.m. on October 23, 2001.
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 Forms referred to in paragraph 9 above. 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 matter is referred to the Registrar.
“Patrick Kelly”
for the Board