Ontario Labour Relations Board
0329-01-R Domenic Sampogna, Applicant v. Canadian Union of Operating Engineers and General Workers, Responding Party v. The Cadillac Fairview Corporation Limited, Intervener.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; May 4, 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to the Board under section 63 of the Labour Relations Act, 1995 (the "Act") for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2On March 22, 2000, the responding party was certified as the bargaining agent for the employees of The Cadillac Fairview Corporation Limited in the following bargaining unit:
all employees of the Cadillac Fairview Corporation Limited engaged in operations, maintenance and skilled trades at the Woodbine Centre in the City of Toronto, save and except supervisors, persons above the rank of supervisor, security staff, office and clerical staff, marketing and customer care staff and Fantasy fair employees.
As of the date of the filing of this application, no collective agreement has been made. Having regard to the provisions of section 63(1) 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 The Cadillac Fairview Corporation Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on April 26, 2001, the application filing date, will be eligible to vote.
5The vote will be held on May 9, 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 The Cadillac Fairview Corporation Limited.
7The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Termination of Bargaining Rights". These copies must remain posted for 30 days.
8Any 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).
9The matter is referred to the Registrar.
"Laura Trachuk"
for the Board