Ontario Labour Relations Board
1615-01-R International Brotherhood of Electrical Workers, Applicant v. Konecranes Canada Inc. o/a Crane Pro Services, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; September 13, 2001
Decision of the Board
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”).
The responding party has filed its response pursuant to the Rules and has given notice under section 8.1 of 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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Konecranes Canada Inc. o/a Crane Pro Services working in, at and out of the Regional Municipality of Halton, save and except foremen, persons above the rank of foreman, office and sales staff.
The vote will be held on September 17, 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 September 7, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 7, 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 as to whether or not the bargaining unit description should read “all employees of the Responding Party working in, at or out of the Regional Municipality of Halton …” or “all employees of the Responding Party working in, at or out of the City of Burlington …” If any individual is in dispute because of this difference and wishes to cast a ballot such individual shall 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.
An issue has been raised in Board File No. 1613-01-R as to whether or not the employer is a construction employer within the meaning of the Act. Reference should be made to such decision, dated September 13, 2001. In the circumstances each ballot shall be segregated and the ballot box shall be sealed until the Board orders otherwise or the parties agree to open the boxes and count the ballots.
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.
“Inge M. Stamp”
for the Board