Ontario Labour Relations Board
0520-01-R Jan Paliwoda, Applicant v. CAW Local 461 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada, Responding Party v. Imperial Flavours Inc., Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 17, 2001
The style of case is hereby amended to reflect the name of the responding party: “CAW Local 461 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada” (“CAW Local 461”). The Board, however, notes that the responding party has advised the Board that as a result of a merger between CAW Local 461 and another local, the correct name of the responding party is now, in fact, CAW Local 462. This issue may be dealt with at a hearing after the vote, if necessary.
The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on May 14, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Imperial Flavours Inc., with an effective date of May 15, 1999, until May 15, 2001. The bargaining unit description in that collective agreement is as follows:
all employees of Imperial Flavours Inc. at 7550 Torbram Road in the City of Mississauga, save and except supervisors and persons above the rank of supervisor, office clerical and sales staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
It 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.
The Board directs that a representation vote be taken of the employees of Imperial Flavours Inc. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on May 14, 2001, the application filing date, will be eligible to vote.
The vote will be held on May 22, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Imperial Flavours Inc.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. 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 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 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. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board