Ontario Labour Relations Board
File No.: 0408-01-R Date: June 19, 2001
Between: Industrial Wood and Allied Workers of Canada (I.W.A.) Local 2995, Applicant v. North Star Linen & Uniform Services Inc., Responding Party.
Before: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
Decision of the Board
1Pursuant to the Board's direction of May 7, 2001, a representation vote was taken on May 9, 2001.
2The Board has received representations dated May 11, 2001 from objecting employees. Having considered these representations, we are satisfied that the objecting employees have raised no allegations which, even if proved true, would change the result of the application.
3The objecting employees were concerned with six segregated ballots, five of which they allege were cast by part-time employees. The objecting employees contended that the part-time employees should not have voted, and their ballots should not be counted. Why the objecting employees hold this view was not entirely clear, although it would appear they are full-time employees of long service who do not wish the issue of bargaining rights to be determined by part-time employees. In any event, the parties to this application have agreed that the bargaining unit is to comprise all employees, and they agreed to count the five segregated ballots.
4For these reasons, the Board will issue a final decision in this matter without a hearing.
5Having regard to the agreement of the parties, the Board finds that:
all employees of North Star Linen & Uniform Services Inc. in the District of Timmins and James Bay, save and except foremen and persons above the rank of foreman,
constitute a unit of employees of the responding party appropriate for collective bargaining.
6There remains one segregated ballot in this matter. That ballot was segregated based on the challenge of the responding party which alleged that the person casting the ballot was within the managerial exclusion contemplated by section 1(3) of the Labour Relations Act, 1995 as amended. Following the counting of the ballots, the applicant conceded the responding party’s challenge. Accordingly, that ballot will not be counted. On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
7A certificate will issue to the applicant.
8The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
9Meeting and hearing dates set previously are hereby cancelled.
10The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“Patrick Kelly”
for the Board