1163-01-R Canadian Union of Public Employees, Applicant v. The Corporation of the Town of Ajax, Responding Party v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 222, Intervenor.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD: July 30, 2001
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
It 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.
The responding party disputes the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit from that proposed by the applicant and it contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
The Board finds that the bargaining unit described in the application could be appropriate. However, it is not certain that forty percent of the employees in the bargaining unit are members of the applicant. Accordingly, the ballot box will be sealed following the representation vote until the Board orders otherwise or the parties agree. The Board notes that the employee lists filed by the employer appear to be incomplete in that they do not include (disputed) administrative employees. The Board directs the employer to review its lists to determine that all employees of the employer all listed, and to file new lists if they are not.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees in the Corporation of the Town of Ajax Operation and Environmental Services Department, Recreation Services Department and all office, clerical, technical employees, who are regularly employed for not more than 24 hours per week and all students employed during the school vacation period, save and except supervisors and persons above the rank of supervisor and persons for whom any trade union holds bargaining rights as of the date of application.
The vote will be held on August 1, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on July 19, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 19, 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.
There is a dispute between the parties as to whether or not the position of transit department; staff employed into Mayor’ office, the Chief Administrator’s office, Human Resporces services; casual, seasonal and seasonal mployees; and security staff (pursuant to section 14(3) of the Act) should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The 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.
Any 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).
The matter is referred to the Registrar.
“Brian McLean”
for the Board