2243-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW‑Canada), Applicant v. Samuel Metal Processing, a Division of Samuel Son & Co. Limited, Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; December 19, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party: “Samuel Metal Processing, a Division of Samuel Son & Co. Limited”.
2All matters have now been settled between the parties.
3Having regard to the agreement of the parties, the Board further finds that:
all employees of Samuel Metal Processing, a Division of Samuel Son & Co., Limited in the City of Hamilton, Ontario, save and except supervisors and persons above the rank of supervisor, office, clerical and sales staff and persons employed for not more than twenty four (24) hours per week* and students employed during the summer vacation.
*Clarity Note: The only persons contemplated to be excluded from the bargaining unit are persons employed for not more than twenty four (24) hours per week who are engaged by the Employer to attend a facility of equipment clean up,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
5A certificate will issue to the applicant.
6The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
7Meeting and hearing dates set previously are hereby cancelled.
8The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“Timothy W. Sargeant”
for the Board