1175-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 183, Responding Party Trade Union v. Brown’s Automatic Vending (1975) Ltd., Responding Party Employer.
1176-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 183, Responding Party Trade Union v. Brown’s Automatic Vending (1975) Ltd., Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; August 1, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party employer: "Brown’s Automatic Vending (1975) Ltd.".
2These are applications under section 68 of the Labour Relations Act, 1995 (“the Act”) for a declaration that the applicant (“CAW-Canada”) has acquired the rights, privileges and duties of a predecessor trade union, the Service Employees International Union, Local 183 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
3Previous decisions were issued by the Board on July 24, 2001 and July 30, 2001.
4Notice of these applications have been sent to the responding party employer (“the employer”) and the SEIU. In addition, notices of the applications and copies of the Board’s decisions have been posted on the employer’s premises in conspicuous places where they would most likely have come to the attention of individuals potentially affected by this application.
5The employer has explained in detail in its response that there is one bargaining unit of full-time and part-time employees. In the Board’s decision of July 30, 2001 the tentative conclusion was reached that there appeared to be separate part-time and full-time units. That conclusion was reached on the basis of what is contained in the collective agreement between the employer and the SEIU (“the collective agreement”). The SEIU has taken no position on the matter. The CAW-Canada has explained that it would prefer to represent a single all employee bargaining unit, and that it made two separate successor applications for full-time and part-time employees only because the collective agreement appeared to require that.
6It seems therefore that everyone who has an interest in this matter has no difficulty with the conclusion that there is in fact one bargaining unit for all employees, not two separate units, and that has been the de facto state of affairs for some years, despite the wording of the collective agreement.
7There has been no objection from any interested party or person to the holding of a representation vote. Accordingly, in accordance with the Agreement concluded between the CAW-Canada and the SEIU and pursuant to the provisions of section 68(2) of the Act, the Board is satisfied that a representation vote will assist the Board to determine whether the CAW-Canada should succeed the SEIU as the collective bargaining agent of the employees in the bargaining unit which is currently represented by the SEIU.
8The next issue concerns what constituency should be voted? The optimal arrangement, in the Board’s view, is to have all of the employees voted together, as if they were in a single bargaining unit, as the employer contends. However, should any party contend that there are two separate bargaining units of full-time and part-time employees, then that party must indicate that to the Vote Coordinator and the other parties prior to the holding of the vote. In that event employees casting a ballot will be asked whether they are full-time or part-time employees and the ballots of the part-time employees will be segregated from those of the full-time employees. The ballot boxes will then be sealed and the ballots will not be counted unless the parties agree otherwise or the Board so orders (most likely only after a determination has been made as to what bargaining unit the SEIU has represented). If no party makes that contention then the ballots of all the employees who vote should be counted together.
9A representation vote will be taken of the individuals in the following voting constituency:
all employees of Brown’s Automatic Vending (1975) Ltd., in Belleville, Ontario, save and except Managers, persons above the rank of Manager, and office staff.
10The vote will be held on August 9, 2001. Other vote arrangements will be as directed by the Registrar and set out on the attached “Notice of Vote”.
11All the individuals in the voting constituency who had an employment relationship with the employer on July 19, 2001, the successor rights application date, are eligible to vote. Employees having an employment relationship on that date include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
12Voters will be asked to indicate whether they wish to be represented by the
CAW-Canada or by the SEIU in their employment relations with the employer.
13A copy of this decision is to be posted forthwith by the responding party employer in prominent places in the workplace where it is likely to come to the attention of employees in the bargaining unit. The posting is to last for a period of 30 days.
14Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the CAW-Canada’s successor rights application, 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.
15The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board