Milk & Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647 v. Galbocca Fixtures Inc.
0428-01-R, Milk & Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647, affiliated with the International Brotherhood of Teamsters, Applicant v. Galbocca Fixtures Inc., Responding Party.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF VICE-CHAIR BRAM HERLICH, AND BOARD MEMBER R. R. MONTAGUE; May 8, 2001
1. This is an application for certification.
2. The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3. It 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.
4. The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Galbocca Fixtures Inc. at 121 Healey Road and 130 Healey Road, Bolton, Ontario, save and except supervisors and persons above the rank of supervisor.
5. The vote will be held on May 10, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6. All individuals who had an employment relationship with the responding party in the voting constituency on May 3, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 3, 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.
7. There may be a dispute between the parties as to whether or not office, clerical and sales staff, persons regularly employed for not more than 24 hours per week, students employed during the school vacation period, and guards ought to be included in the bargaining unit. If so, and 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.
8. The Board notes in this regard that the applicant has asserted that the proposed bargaining unit includes guards. The responding party has therefore objected under both sections 14(2) and 14(3) of the Act. It has also indicated, however, that it does not employ any person who guards or monitors other employees or protects its property.
9. The responding party has also filed a notice under section 8.1. It disagrees with the applicant’s estimate of the number of individuals in the bargaining unit and, in any event, asserts that bargaining unit could not be appropriate.
10. Having had the opportunity to review all of the materials filed by the parties, the Board is satisfied, whether in relation to the bargaining unit proposed by the applicant or the responding party, that any numerical discrepancies are not relevant for the purposes of section 8.1. Accordingly, there is no need to seal the ballot box.
8. 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.
9. 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 "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10. 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).
11. The matter is referred to the Registrar.
“Bram Herlich”
for the majority
DECISION OF BOARD MEMBER J. A. RONSON: May 8, 2001
1. I dissent.
2. A plain reading of the sections 8 and 8.1 of the Labour Relations Act, 1995 requires the Board to seal the ballot box, when as in the instant matter an employer has given notice that it disagrees with the trade union’s estimate of the number of individuals in the unit described in the application for certification.
3. Subsection 8.1(14) requires the Board to seal the ballot box unless the trade union and the employee agree otherwise. Accordingly, I would have directed the ballot box to be sealed.
“J. A. Ronson”