Ontario Labour Relations Board
Between: Kresh Boochoon, Applicant v. Teamsters Local Union No. 230, affiliated with the International Brotherhood of Teamsters, Responding Party.
Before: David A. McKee, Vice-Chair.
Decision of the Board: July 11, 2001
Decision
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the "Act") for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2This application was filed on July 5, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Almon Equipment Ltd., with an effective date of August 11, 1999, until August 10, 2001. The bargaining unit description in that collective agreement is as follows:
The Employer recognizes the Union as the exclusive bargaining agent for all employees employed by Almon Equipment Limited at, and out of, the City of Toronto, save and except non-working foremen, persons above the rank of non-working foreman, office, sales and clerical staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3The responding party alleges that this application is a nullity as it was filed on forms pertaining to the Construction Industry (A-77) rather than the general forms (A-6). The collective agreement attached to the response does not appear to be a construction industry collective agreement. This matter may be argued at a later date.
4Suffice it to say that the responding party appears to focus on paragraphs 9 & 10 of the A-77. That is, it may be that, out of a bargaining unit of 35, only 26 persons were at work on the Application Filing Date. In either event, and assuming all the persons who submitted a statement indicating that they no longer wish to be represented by the responding party were employees in the bargaining unit, the applicant has filed evidence from over 40% of either a 26 or 35-person bargaining unit.
5It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
6The Board directs that a representation vote be taken of the employees of Almon Equipment Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
7The vote will be held on July 16, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
8Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Almon Equipment Ltd.
9The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.
10Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received 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. 10: Status Disputes in Termination Applications in the Construction Industry and Information Bulletin No. 5: Status Disputes in Termination Applications (Non-Construction).
11The matter is referred to the Registrar.
"David A. McKee" for the Board