0286-01-R The Professional Association of Candian Talent (a Branch of the Canadain Media Guild, Local 30213 of The Newspaper Guild / Communications Wroekrs of America), Applicant v. Dufferin Gate Productions Limited / L23 Productions Inc., Responding Party v. The Canadian Film and Television Production Association (“CFTPA”), Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair.
DECISION OF THE BOARD; May 4, 2001
This is an application for certification.
It does not appear that the applicant has established trade union status in any previous application. The matter of the applicant’s trade union status will be determined by the Board at a hearing or on the basis of written materials after the vote. The applicant is hereby directed to provide to the responding party and to file with the Board any materials it plans to rely upon to demonstrate its trade union status. Those materials should be received by the Board within seven days of this decision. The responding party is directed to advise the Board after reviewing the materials as to whether or not it agrees that the Board can determine the issue of trade union status on the basis of the materials filed.
There are many issues arising from this application. However, the Board considers it appropriate to preserve the status quo by holding a representation vote and sealing the box pending the determination of the outstanding issues.
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.
The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act. The Board finds that the numerical difference in the parties’ estimate of the number of employees in the bargaining unit is significant for that reasons as well, the ballot box will be sealed and the votes not counted until the Board so orders or the parties agree.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all persons, including dependant contractors, employed as performers by Dufferin Gate Productions Limited/L23 Productions Inc. on the set of “Keep the Faith” in the Province of Ontario.
The vote will be held on May 9, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
There is a dispute between the parties as to when the responding party received the application and regarding the failure of the applicant to identify ACTRA in its application. There is therefore a dispute with respect to the application date. The responding party says that by the date it received the application there were no employees in the bargaining unit. This issue can be determined by the Board at the hearing after the vote.
All individuals who had an employment relationship with the responding party in the voting constituency on April 25, 2001, the date the Board received the application, may cast ballots. Individuals having an employment relationship on April 25, 2001, the date the Board received the application, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
There is a dispute between the parties as to whether performers other than background performers as well as performers represented by the Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and members of Union des Artistes (UdA) 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.
There is also a dispute between the parties as to the correct name of the employer. That issue will be determined by the Board at the hearing after the vote if necessary.
The responding party also claims that the application is untimely as the employees in the proposed bargaining unit are already represented by ACTRA and are covered by a collective agreement which does not expire until December 31, 2001. That issue will be determined by the Board at the hearing after the vote.
The Board notes that the applicant’s proposed bargaining unit includes dependant contractors. If there is an issue arising from that it will also be dealt with at the hearing after the vote as well.
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 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, 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).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board