0186-01-R Service Employees International Union, Local 210, Applicant v. Roman Catholic Cemeteries Board of the City of Windsor (Heavenly Rest), Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; April 23, 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”).
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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Roman Catholic Cemeteries Board of the City of Windsor (Heavenly Rest) save and except Managers, supervisors, sales, office & clerical and any persons above the rank of supervisor.
The vote will be held on April 25, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on April 18, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 18, 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.
There is a difference between the parties concerning the appropriate description of the employees in the bargaining unit and the appropriate exclusions from the bargaining unit. The applicant refers to “All employees of Roman Catholic Cemeteries Board of the City of Windsor (Heavenly Rest)” and proposes to exclude “Managers, supervisors, sales, office & clerical and any persons above the rank of supervisor”. The responding party, on the other hand, refers to “all landscape, maintenance and excavation employees of the Roman Catholic Episcopal Corporation of the Diocese of London, Ontario employed at Windsor Catholic Cemeteries (including Heavenly Rest, St. Alphonsus, Assumption, Our Lady of the Lake, St. John the Baptist and Rosehill)” and proposes to exclude “managers, supervisors, persons above the rank of supervisor, seasonal and part-time employees. If any individual is in dispute as a result of these differences, that individual shall be entitled to cast a ballot in the representation vote. Any ballot cast by such an individual will be segregated and not counted until the Board so orders or the parties agree.
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, 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).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board