0377-01-R Canadian Telephone Employees Association, Applicant v. Certen Inc., Responding Party.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 3, 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”).
Having regard to the agreement of the parties, the Board further finds that:
all employees of Certen Inc. in the Province of Ontario, save and except supervisors and persons above the rank of supervisor,
constitute a unit of employees of the responding party appropriate for collective bargaining.
- The parties have also agreed to a clarity note as follows:
For purposes of clarity, the bargaining unit consists of all clerical and associated employees of Certen Inc. and is intended to mirror the bargaining unit reflected in the collective agreement between Bell Canada and the Canadian Telephone Employees Association in respect of clerical and associated employees, as reflected in Appendix “A” of that collective agreement.
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.
Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Certen Inc. in the Province of Ontario, save and except supervisors and persons above the rank of supervisor.
The applicant has indicated that it has filed this application as an alternative to certain positions it is taking before the Canada Labour Relations Board. It asks that the ballots be sealed and the application adjourned until that application has been determined. The responding party opposes that proposal and asks that the ballots be counted and the applicant be certified in due course if the vote results warrant that result. The Board does not consider it appropriate to seal the ballot box in these circumstances. The other issues can be raised before the panel at the hearing after the vote.
The vote will be held on May 7, 2001. Other vote arrangements will be as directed 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 30, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 30, 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.
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 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, 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 Board