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Ontario Labour Relations Board
**File No.:** 0289-01-R
**Date:** May 4, 2001
**Between:**
The Professional Association of Canadian Talent (A Branch of the Canadian Media Guild, Local 30213 of The Newspaper Guild/Communications Workers of America), Applicant
v.
Dufferin Gate Productions/Beauty Productions Limited, Responding Party
v.
The Canadian Film and Television Production Association (“CFTPA”), Intervenor
v.
The Alliance of Canadian Cinema, Television & Radio Artists (ACTRA), Intervenor.
**Before:** Caroline Rowan, Vice‑Chair.
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## DECISION OF THE BOARD
[1] This is an application for certification.
[2] It does not appear that the applicant has established trade union status in any previous application. The matter of the applicant’s trade union status will be determined by the Board at a hearing on the basis of written materials after the vote. The applicant is hereby directed to provide to the responding party, the intervenors and to the Board any materials it plans to rely upon to demonstrate its trade union status. Those materials should be received by the Board within seven days of this decision. The responding party and intervenors are directed to advise the Board after reviewing the materials as to whether or not they agree that the Board can determine the issue of trade union status on the basis of the materials filed.
[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 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 from that proposed by the applicant and it contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act. The numerical difference in the parties’ estimate of the number of employees in the bargaining unit is significant. For this reasons as well the ballot box will be sealed and the votes not counted until the Board so directs or the parties agree.
[5] There are many issues arising from this application. However the Board considers it appropriate to conduct a representation vote and seal the ballot box pending the determination of those issues.
[6] The Board therefore directs that a representation vote be taken of the individuals in the following voting constituency:
> all persons, including dependant contractors, employed as performers by Dufferin Gate Productions/Beauty Productions Limited on the production set of “Beauty and Power” in the Province of Ontario with the exception of members of The Alliance of Canadian Cinema, Television & Radio Artists (ACTRA) and members of Union des Artistes (UdA).
[7] The vote will be held on May 9, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
[8] All individuals who had an employment relationship with the responding party in the voting constituency on April 25, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 25, 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.
[9] The responding party advises that it has hired employees after the application date and seeks to have them cast ballots in the representation vote. However, it has been the Board’s longstanding practice not to permit employees who were not employed on the application date to cast ballots in a representation vote. The Board notes that there is no claim that the employees in the bargaining unit on the application date are not representative. Only employees in the bargaining unit on the application date will be permitted to cast ballots.
[10] There is a dispute between the parties as to whether or not performers other than background performers should be included in the bargaining unit. There may also be a dispute as to whether performers covered by the Independent Production Agreement whether or not members of ACTRA and as to whether members of Union des Artistes (UdA) should be included in the bargaining unit. 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.
[11] The responding party and both intervenors request that this application be dismissed on the basis that it is untimely because the employees in the bargaining unit are already represented by ACTRA and are covered by a collective agreement which does not expire until December 31, 2001. That issue will be determined by the Board at the hearing after the vote.
[12] There is also a dispute between the parties with respect to the correct name of the employer. That issue can be dealt with at the hearing after the vote if necessary.
[13] The Board notes that the applicant has included dependant contractors in its proposed bargaining unit. If there is an issue arising from that it will be determined by the Board at the hearing following the vote.
[14] 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.
[15] 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.
[16] 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).
[17] The matter is referred to the Registrar.
“Caroline Rowan”
for the Board
minicounsel