Greater Hamilton Volunteer Firefighters Association v. The Corporation of the City of Hamilton
File No.: 2097-01-R Date: November 1, 2001
Before: Anthony Brown, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
Decision of the Board
1This is an application for certification.
2The applicant has not been found to have status as a trade union within the meaning of the Labour Relations Act, 1995 (the “Act”). Accordingly, the applicant is directed to file with the Board all of the documents that are necessary to demonstrate its status as a “trade union” within five days of the date hereof. Once those documents have been received, the Board will make its determination based on the documents alone unless either party advises the Board within the five‑day period that it does not wish the Board to do so. Upon receipt of any such representation, the Board will determine what further steps will be taken.
3It appears to the Board on an examination of only the information provided in the application and the 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 applicant is applying to represent volunteer firefighters as defined in section 1(1) of the Fire Protection and Prevention Act whom it says are currently unrepresented by a trade union. The responding party asserts that there are no volunteer firefighters within its fire department, and all of the individuals in the applicant’s proposed bargaining unit are part-time firefighters who are currently represented by the intervenor. The intervenor states that if the individuals are volunteer firefighters, then it does not represent them, but if they are “Part IX” firefighters, then it does represent them.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all volunteer firefighters as defined by subsection 1(1) of the Fire Protection and Prevention Act employed by The Corporation of the City of Hamilton in the City of Hamilton.
6The vote will be held on November 5, 7 & 8, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on October 29, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 29, 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The 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 from 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 but has agreed that the ballots cast should be counted.
10After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
11There is a dispute between the parties as to whether or not managers 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.
12The 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.
13Any 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).
14The matter is referred to the Registrar.
“Anthony Brown”
for the Board