Court File and Parties
File No.: 0632-01-R Date: May 29, 2001 Ontario Labour Relations Board
Applicant: Ontario Public Service Employees Union Responding Party: Gamma-Dynacare Medical Laboratories
Before: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
Decision of the Board
This is an application for certification.
The 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 responding party argued that the Board should not rely upon any membership evidence dated prior to May 24, 2000. Even had the Board restricted its consideration to membership evidence dated on or after May 24, 2000, our determination under section 8(2) of the Act would not have been different.
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 bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant against the information provided by the responding party, the Board cannot be absolutely certain that the percentage of the individuals who appear to be members of the trade union is 40 per cent or more in the bargaining unit proposed by the applicant. In these circumstances, the Board directs that the ballot box from the representation vote be sealed. The ballots will not be counted until the Board so orders or the applicant and responding party agree.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Gamma-Dynacare Medical Laboratories in the Cities of Toronto, Barrie, Brampton, Burlington, Hamilton, Kitchener, Mississauga, Niagara Falls, Orillia, Pickering and Vaughan and the Towns of Bracebridge, Caledon, Huntsville, Markham, Midland, New Tecumseth, Parry Sound, Richmond Hill, Oakville, Simcoe and Whitby and the Townships of Brock and Scugog and the Municipality of Clarington, save and except supervisors and persons above the rank of supervisor, persons employed in a confidential capacity in matters relating to labour relations, students employed during the school vacation period, and members of the medical profession entitled to practice in Ontario and employed in a professional capacity.
The vote will be held on May 31, 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 May 24, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 24, 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.
Given the significant differences between the parties concerning the geographic scope of their respective proposed bargaining units, and given the responding party’s (as yet unproven) allegations concerning the high degree of mobility of certain of its employees among various of the responding party’s work locations, we find this to be an appropriate case to segregate each and every ballot cast in the representation vote, and we so direct.
There is a dispute between the parties as to whether certain positions be included in the bargaining unit, but given our order that each ballot cast in the representation vote be segregated, the details of the dispute need not be set out here. To the extent necessary, the dispute can be dealt with by the panel of the Board assigned to the hearing of this matter.
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.
“Patrick Kelly”
for the Board