Ontario Labour Relations Board
0517-01-R Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647, Applicant v. Aramark Canada Limited, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; May 16, 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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Aramark Canada Limited working at the Workplace Safety Insurance Board – Downsview Rehabilitation, 115 Torrbarrie Road, Downsview, Ontario, save and except Supervisors and persons above the rank of Supervisor.
The vote will be held on May 18, 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 May 11, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 11, 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 is a dispute between the parties as to whether or not the position of chef 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.
There is also a difference between the parties concerning the correct name of the responding party and concerning the appropriate description of the employees in the bargaining unit. The applicant refers to the responding party as “Aramark Canada Limited” whereas the responding party states that its correct name is “ARAMARK Canada Ltd.” The applicant further describes the bargaining unit as including all employees of the responding party “working at the Workplace Safety Insurance – Downsview Rehabilitation” whereas the responding party describes the unit as including all of its employees “employed in the food services at the Workplace Safety Insurance Board, Downsview Rehab”. If any individual is in dispute as a result of these differences, that individual shall 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.
The Board also notes that the responding party purports to give notice under section 8.1 of the Act. However, because the responding party does not disagree with the number of employees in the bargaining unit described in the application for certification, the Board finds that there has not, in fact, been a proper notice under section 8.1 of the Act. The responding party, in any event, agrees that the ballots cast in the representation vote should be counted.
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, 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).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board