Ontario Labour Relations Board
Industrial Wood & Allied Workers of Canada (I.W.A. Canada), Applicant v. SKLF Doors World Inc., Responding Party.
BEFORE: Mary Anne McKellar, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 25, 2001
1This is an application for certification.
2The responding party disputes the trade union status of the applicant, and notes that the trade union status of The I.W.A. Canada Local 700; The Industrial Wood and Allied Workers of Canada – Local 700; and The Industrial Wood and Allied Workers of Canada, Local 700 is in dispute in Board File No. 0125-01-R. In Board File No. 3418-87-R, the Board found that the applicant herein is a trade union within the meaning of subsection 1 of section 1 of the Labour Relations Act, 1995, (the “Act”), which finding pursuant to section 113 of the Act is proof, in the absence of evidence to the contrary, that the applicant is a trade union for the purposes of the Act. The Board also notes that the membership evidence filed in support of this application consists of applications for membership in the applicant and not in the local unions referred to above. Any outstanding dispute about the status of the trade union may be dealt with by the Board at a hearing after the vote, if necessary.
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. It gives notice under section 8.1 of the Act.
5After 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 of SKLF Doors World Inc. in the City of Mississauga, Ontario, save and except supervisors, persons above the rank of supervisors, office staff and sales staff.
7The vote will be held on July 27, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on July 20, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 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.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The 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.
11Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
12The matter is referred to the Registrar.
“Mary Anne McKellar”
for the Board