Ontario Labour Relations Board

2354-01-R S. Brush, Applicant v. United Food & Commercial Worker’s Union, Local 156D, Responding Party v. The Seagram Company Limited, Intervenor.

BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.

DECISION OF THE BOARD; November 27, 2001

1. 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent. The responding party did not file a response to the application.

2. This application was filed on November 22, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and The Seagram Company Limited, with an effective date of February 1, 1997, until January 31, 2002. The bargaining unit description in that collective agreement is as follows:

Employees in the plant located at 110 St. Arnaud Street, Amherstburg, Ontario. The term “Employees” shall include all the persons included in the Security Department and not include production employees, managers, superintendents, department heads, supervisors, non-working foremen, chemists (those who generally perform work requiring a degree of science), general administrative office Employees, all other Employees possessing full authority to hire and discharge Employees, and excluding such Employees as are now covered by existing agreements with Unions affiliated with the A.F. of L., C.I.O.-C.L.C.

Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.

3. 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.

4. The Board directs that a representation vote be taken of the employees of The Seagram Company Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on November 22, 2001, the application filing date, will be eligible to vote.

5. The vote will be held on November 29, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.

6. Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with The Seagram Company Limited.

7. 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.

8. 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).

9. The matter is referred to the Registrar.

“Brian McLean”

for the Board