0327-01-R United Steelworkers of America, Applicant v. Garda Security Group Inc. and/or Garda Security Group Inc. c.o.b. as Riscon Services Ltd., Responding Party.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF LAURA TRACHUK, VICE-CHAIR, AND BOARD MEMBER
D. A. PATTERSON; May 1, 2001
This is an application for certification.
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”).
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.
The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant. It gives notice under section 8.1 of the Act.
The Board finds that the bargaining unit described in the application could be appropriate. After 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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Garda Security Group Inc. and/or Garda Security Group Inc. c.o.b. as Riscon Services Ltd. in the City of Toronto, City of Barrie, Regional Municipality of Ottawa-Carleton, City of Hamilton, City of Burlington, City of Vaughan, and the City of Kitchener, save and except Patrol Supervisors, persons above the rank of Patrol Supervisor, dispatchers, client service representatives, private investigators licensed as such under the Private Investigator and Security Guard Act, R.S.O. 1990, c. P. 25, persons covered by a current collective agreement and assigned to the Ontario Ministry of Transportation Downsview Complex located at 1201 Wilson Avenue in Toronto, and office, clerical and sales staff.
The vote will be held on May 3 and 4, 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 April 26, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 26, 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 may be a dispute between the parties as to whether or not the bargaining unit description should be site specific. If any individual holding a position in a location not listed on Schedule A 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 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.
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, 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.
“Laura Trachuk”
for the majority
DECISION OF BOARD MEMBER J. A. RONSON; May 1, 2001
I dissent.
A plain reading of sections 8 and 8.1 of the Labour Relations Act, 1995 (the “Act”) 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.
Subsection 8.1(4) requires the Board to seal the ballot box unless the trade union and the employer agree otherwise. Accordingly, I would have directed the ballot box to be sealed.
“J. A. Ronson”
Schedule A
Ministry of Health
81 Resources Rd., TORONTO
Ministry of Health
2065 Lawrence Ave. E., TORONTO
Bell Canada
50 Eglinton Ave. E., TORONTO
Ministry of Health
2195 Yonge St., TORONTO
Bell Canada
15 Asquity Ave., TORONTO
Bell Canada
76 Adelaide St. W., TORONTO
Bell Canada
21 Caniff St., TORONTO
Bell Canada
220 Simcoe St.,TORONTO
Ellen Fairclougth Bldg.
119 King St. W., Hamilton
John Sopinka Courthouse
45 Main St. E., Hamilton
Valhalla Executive Center
302 East Mall, TORONTO
Sobeys
1255 Queens way, TORONTO
Sobeys Warehouse
125 Queens way, TORONTO
Atlantic Packaging
111 Progress, TORONTO
Price Chopper
2650 Lawrence Ave. E., TORONTO
Price Chopper
2900 Warden, TORONTO
Price Chopper
1400 Victoria Park Ave., TORONTO
Price Chopper
1731 Weston Rd., TORONTO
Toys “R” Us Warehouse
901 Creditstone, Vaughan
Shell
1610 Keele St., TORONTO
Bell Canada
78 O’Connor, Ottawa
Place Bell
160 Elgin St., Ottawa
Barrie Court House
114 Worsley Barrie
Club Monaco
157 Bloor St. W., TORONTO
Sobeys Kitchener
247 Highland Rd. W., Kitchener