National Automobile, Aerospace, Transportation and General Workers Union of Canada v. Toyota Motor Manufacturing Canada Inc.
0969-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada, Applicant v. Toyota Motor Manufacturing Canada Inc., Responding Party.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 11, 2001
1This is an application for certification.
2By decision dated July 4, 2001, the Board directed that a representation vote be taken in this matter on July 6, 2001. In its decision, the Board noted that the responding party raised a number of issues in its response in support of its position that no vote should be ordered at that time, or, in the alternative, that the Board ought to seal the ballot box in the representation vote. One of the issues raised by the responding party was that the Board should not consider “cards”, which are dated prior to six months before the date of the application for certification in determining that forty percent or more of the individuals in the bargaining unit proposed in the application appear to be members of the union at the time the application was filed.
3The Board notes that, in determining at paragraph 3 of its decision dated July 4, 2001 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 did have regard to membership evidence signed in excess of six months, and in fact in some cases in excess of twelve months, prior to the date the application for certification was filed. Of the seven hundred and ninety-one (791) cards filed, four hundred and twenty-seven (427) were dated within six months before the date of application; two hundred and eighty (280) were dated between six and twelve months before the date of application and seventy-seven (77) were dated in excess of twelve months before the date of application. Of the remaining seven (7) cards, six (6) disclosed only the month and the day that they were signed but not the year, and one (1) was dated after the date of application (presumably in error). Due to time constraints, the Board did not advise the parties of these facts in its decision directing the vote and as a consequence is doing so now. As the Board noted in its decision, the ballot box in the representation vote is sealed in any event, and any outstanding issues may be raised at a hearing after the vote.
4The hearing of the application will begin on Monday, July 30, 2001, at 9:30 a.m., and continuing on Tuesday, July 31, 2001, at 9:30 a.m. at the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.
5The responding party is directed to post copies of this decision adjacent to each of the posted copies of the “Notice to Employees of Application for Certification” and of the “Notice of Vote and of Hearing” and copies of the Board’s decision dated July 4, 2001. These copies must remain posted for 30 days.
“Caroline Rowan”
for the Board