0479-01-R Service Employees International Union, Local 210, Applicant v. Roman Catholic Cemetery (Diocese of London – Heavenly Rest Cemetery), Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 14, 2001
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It 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.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees in the employ of Roman Catholic Cemetery (Diocese of London – Heavenly Rest Cemetery) at 5005 Howard Avenue, Windsor Ontario in the City of Windsor, save and except supervisors and persons above the rank of supervisor, seasonal employees and employees covered by a subsisting certificate.
5The vote will be held on May 16, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on May 9, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 9, 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.
7There are differences between the parties concerning the appropriate bargaining unit(s) description. The applicant seeks an all employee unit, whereas the responding party states that there should be two separate units: one for “office and clerical employees” and one for “sales counsellor employees”. There is also a difference between the parties concerning the correct name of the responding party and regarding the appropriate geographic scope of the bargaining unit(s). The applicant refers to the responding party as “Roman Catholic Cemetery (Diocese of London – Heavenly Rest Cemetery), whereas the responding party states that its correct name is the “Roman Catholic Episcopal Corporation of the Diocese of London in Ontario”. With respect to the geographic scope, the applicant seeks to represent all employees “in the employ at 5005 Howard Avenue, Windsor Ontario in the City of Windsor”, whereas the responding party suggests that the geographic scope of the unit(s) should simply be restricted to the “City of Windsor”. There is also a difference between the parties concerning whether “employees covered by a subsisting certificate” and whether “part-time employees” should be excluded from the scope of the bargaining unit. If any individual is in dispute as a result of these differences, that individual shall be entitled to cast a ballot in the representation vote and any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree. The Board further directs that individuals casting ballots identify whether they are “office and clerical employees” or whether they are “sales counsellor employees” or neither and that the ballots cast by office and clerical employees be segregated and counted separately from ballots cast by sales counsellor employees.
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 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.
10Any 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).
11The matter is referred to the Registrar.
“Caroline Rowan”
for the Board