Labourers’ International Union of North America, Local 837 v. Sheehan’s Truck Centre Inc.
File No.: 1680-01-R Date: September 20, 2001
Before: Anthony Brown, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
Decision of the Board
1This is an application for certification.
2The 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.
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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees in the sales, parts and service departments of Sheehan’s Truck Centre Inc. in the City of Burlington, save and except Foremen, persons above the rank of Foreman, office and clerical staff, service advisors, service writers, sales persons and warranty administrators.
5The vote will be held on September 24, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on September 17, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 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.
7Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8The applicant proposes a bargaining unit described as follows:
all employees employed by the responding party as mechanics and mechanic apprentices in the New Truck Services Department in the City of Burlington, save and except supervisors and those above the rank of supervisor, office, clerical and sales staff.
9The responding party proposes the following bargaining unit:
all employees in the sales, parts and service departments of Sheehan’s Truck Centre Inc. in the City of Burlington, save and except foremen, persons above the rank of foreman, office and clerical staff, service advisors, service writers, sales persons and warranty administrators.
10The responding party disagrees with the applicant’s proposed description on the basis that it only includes mechanics and mechanic apprentices, and even then, only those employed in the retail branch of the responding party’s operation. The responding party asserts that the application should be dismissed outright because, in a 1999 certification application in respect of the same employer, but commenced by a different union, the Board found that a proposed bargaining unit (broader than that proposed in the instant application) was not appropriate in that did not include parts department employees. See Sheehan Truck Centre Inc. (Unreported [1999] O.L.R.D. No. 2852, Board File No. 0998-99-R).
11Under the circumstances, the Board directs that the ballot box from the representation vote be sealed. The ballots shall not be counted until the Board so orders or the parties agree. In addition, because of the number of disputed positions, all ballots shall be individually segregated.
12The responding party purports to give notice under section 8.1 but has specified that it agrees with the applicant’s estimate of the number of individuals in the applicant’s proposed bargaining unit. In our view, the notice under section 8.1 is of no effect because there is no disagreement between the parties as to the applicant’s estimate.
13The 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.
14Any 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).
15The matter is referred to the Registrar.
“Anthony Brown”
for the Board