0969-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-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 4, 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 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.
5The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is significant. In the circumstances, the Board directs that the ballot box in the representation vote be sealed until the Board orders otherwise or the parties agree.
6The responding party has also raised a number of issues in support of its position that no vote should be ordered at this time or, in the alternative, that the Board ought to seal the ballot box. Having reviewed these submissions, and the information provided by the applicant, the Board has determined to direct that a representation vote be taken at this time. The Board further notes that the ballot box is sealed in any event. Any outstanding issues may be raised at a hearing after the vote.
7The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all Team Members employed by Toyota Motor Manufacturing Canada Inc. in the City of Cambridge save and except Group Leaders and persons above the rank of Group Leader, administrative team members, office, clerical and technical team members, co-operative students, cafeteria staff, cleaning staff, waste disposal staff, shunting/transportation staff, and plant and property protection staff.
Clarity Note: For purposes of clarity, administrative team members includes team members employed by the departments of human resources (which includes medical team members and physiotherapy team members), general affairs, finance and accounting, purchasing, information systems, manufacturing engineering, production control (except those non-administrative team members assigned as support or to projects in production control), and team members employed as quality control engineers and quality control staff assistants (except those non-administrative team members assigned as support or to projects in quality control).
8The vote will be held on July 6, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
9All individuals who had an employment relationship with the responding party in the voting constituency on June 28, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on June 28, 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.
10There is a dispute between the parties concerning the appropriate description of the bargaining unit. The responding party proposes the bargaining unit described at paragraph 7 above whereas the applicant proposes the following bargaining unit:
all employees of Toyota Motor Manufacturing Canada Inc. in the City of Cambridge, Ontario save and except team leaders those above the rank of team leader, team leader development, temporary team leader, group leaders, temporary group leaders, sales employees, research and development employees, general managers, assistant general managers, managers, assistant managers, section managers, contract administrators, specialists/engineers, specialists, engineers, staff assistants, student administer co-op., all co-ordinators, persons employed in their professional capacity as an engineer, employees of the human resource department, office technical and clerical employees, employees of the medical department, employees of the physiotherapy department, plant protection and security, time study employees, time keepers and students.
If any individual is in dispute as a result of these differences, that individual shall identify himself or herself as holding 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.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12The 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.
13Any 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).
14The matter is referred to the Registrar.
“Caroline Rowan”
for the Board