1187-01-R United Food and Commercial Workers International Union Local 175, Applicant v. The Coca Cola Bottling Company, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 25, 2001
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It 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.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all Sales Execution Specialists of The Coca-Cola Bottling Company employed in the City of Hamilton, Ontario, save and except the Sales Centre Manager, District Sales Managers, Business Development Representatives, On-Premise Account Managers, Account Managers and Relief Account Managers and those above the rank of Relief Account Manager, office and clerical staff, summer students and persons regularly employed for not more than twenty-four (24) hours per week and any person for whom a trade union held bargaining rights as of July 20, 2001.
5The vote will be held on July 27, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on July 20, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 20, 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.
7There is a dispute between the parties as to whether or not the positions of Sales Execution Specialists (side door) should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
8There is also a difference between the parties concerning the appropriate description of the employees in the bargaining unit. The applicant describes the employees as “all sales execution specialists (bulk sales)” whereas the responding party describes the employees simply as “sales execution specialists”. If any individual is in dispute as a result of such difference, that individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitle to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The 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.
11Any 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, including any matters relating to the representation vote, 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).
12The matter is referred to the Registrar.
“Caroline Rowan”
for the Board