Ontario Labour Relations Board
1556-01-R Efigenia Figueiredo, Ronnie Estevens, Eustachio Morcinelli and Irene Gonsalves, Applicants v. International Association of Machinists and Aerospace Workers, Responding Party v. City of Mississauga, Intervenor.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; September 6, 2001
1The 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to the Board under section 63 of the Labour Relations Act, 1995 (the "Act") for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on August 30, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and City of Mississauga, with an effective date of March 01, 2000, until August 31, 2001. The bargaining unit description in that collective agreement is as follows:
all employees of the Facilities and Property Management Division in the Community Services Department of the City of Mississauga at its operations located at 300 City Centre Drive, 301 Burnhamthorpe Road West and 4141 Living Arts Drive, save and except supervisors, persons above the rank of supervisor, office workers, sales and security staff
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of City of Mississauga employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on August 30, 2001, the application filing date, will be eligible to vote.
5The vote will be held on September 10, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with City of Mississauga.
7In its response the responding party has raised a number of issues including issues relating to a failure to provide adequate documentation evidence; an allegation that one of the applicants s not a bargaining unit employee; and allegations brought pursuant to section 63(16) of the Act. The responding party has asked that this application be dismissed without a hearing and a vote. The Board is not prepared to dismiss this application at this time, but in the circumstances directs that the ballot box be sealed and the ballots not counted until the Board so orders or the parties agree.
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
9Any 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).
10The matter is referred to the Registrar.
"Timothy W. Sargeant"
for the Board