1184-01-R Office and Professional Employees International Union – SEPB 57, Applicant v. Centre financier – Services financiers La Laurentienne Ottawa-Hull (Mérimar Inc.), Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 25, 2001
1This is an application for certification.
2The applicant has not previously been found to be a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (the "Act"). The applicant is therefore directed to, not later than August 2, 2001 file with the Board and deliver to the other party copies of all materials upon which it intends to rely in establishing that it is a trade union within the meaning of the Act.
3The responding party, although duly served with the application material on July 19, 2001, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 69 of the Board's Rules of Procedure.
4It 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.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all full-time employees of Centre financier – Services Financiers La Laurentienne employed at 1195 Michael Street, Ottawa, save and except those employees employed for work less than twenty hours per week, students employed during vacation or summer periods, sales representatives, administrative assistant and those above the rank of admin. ass’t.
6The vote will be held on July 27, 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 July 20, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 20, 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 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