1511-01-R Ontario Union of Stationary Engineers, Applicant v. Maple Leaf Sports & Entertainment, Ltd., Responding Party v. International Union of Operating Engineers, Local 772, Intervenor.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; August 29, 2001
This is a displacement application for certification.
The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of sections 1(1) of the Act.
The employees are currently represented by the intervenor.
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. Further, this application appears to be timely.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all shift engineers and building facility operators employed by Maple Leaf Sports & Entertainment, Ltd. in the City of Toronto.
The vote will be held on August 31, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
The intervenor asserts that this application is untimely as there is a collective agreement in place. The Board notes that the collective agreement which is in place appears to expire on August 31, 2001, which would appear to make this application timely having regard to section 7(4) of the Act. Nevertheless, the intervenor may be permitted to make its argument at any hearing into this matter.
Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor 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, 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.
“Brian McLean”
for the Board