0584-01-R Jason Craig and S.E.S. Group of the Coca-Cola Bottling Plant Cobourg, Applicant v. United Food & Commercial Workers Union, Local 175, Responding Party v. Coca-Cola Bottling Company, Intervenor.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 23, 2001
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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
On May 17, 2000, the responding party was certified as the bargaining agent for the employees of the Coca-Cola Bottling Company in the following bargaining unit:
all Sales Execution Specialists of The Coca-Cola Bottling Company employed in the Town of Cobourg, 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 March 24, 2000.
Though the responding party takes the position that this application is untimely as being sent to them on May 16, 2001, this application was filed with the Board on May 17, 2001. The application would therefore appear to be timely, having regard to the provisions of section 63(1) of the Act. As of the date of the filing of this application, no collective agreement has been made.
The applicant states there are six employees in the bargaining unit. The responding party disagrees and submits there are only two employees left in the bargaining unit. The responding party further takes the position that the applicant is not a member of the bargaining unit and therefore, pursuant to section 63 of the Act is not eligible to apply for decertification.
It appears to the Board on an examination of only the information provided in the application and the evidence filed in such application, that not less than forty percent of the employees had expressed a wish not to be represented by the trade union at the time the application was filed.
The Board directs that a representation vote be taken of the employees of the Coco-Cola Bottling Company employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on May 17, 2001, the application filing date, will be eligible to vote.
If there is a dispute between the parties as to whether or not any individual should cast a ballot and such individual wishes to cast a ballot, then such individual shall be entitled to cast a ballot and any ballot cast by such individual shall be segregated and not counted until the Board so orders or the parties agree.
The vote will be held on May 25, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with the Coca-Cola Bottling Company. In the circumstances the ballot box will be sealed and the ballots not counted until the Board so orders or the parties agree.
The employer 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 Termination of Bargaining Rights". 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 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).
The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board