Industrial Wood and Allied Workers of Canada (I.W.A. Canada) v. City of Welland
1985-01-R Industrial Wood and Allied Workers of Canada (I.W.A. Canada), Applicant v. City of Welland, Responding Party.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and R.R. Montague.
DECISION OF THE BOARD; October 22, 2001
Decision
1This is an application for certification.
2The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the "Act"). Therefore, having regard to the Registrar's certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of 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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all volunteer firefighters of the City of Welland, Ontario, save and except supervisors, and persons above the rank of supervisor.
5The vote will be held on October 24, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on October 17, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 17, 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.
7There may be a dispute between the parties as to whether supervisors, lieutenants and individuals in an executive capacity with volunteer firefighter companies 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party takes the position that the individuals who are the subject of this application for certification are not employees for the purposes of the Act. In the alternative, the responding party asserts that the individuals are employees of volunteer firefighter companies with whom the responding party appears to do business. The responding party alleges that it has no records to confirm that the individuals are actually in employment. The responding party contends that the ballots cast in the representation vote should be segregated and the ballot box sealed pending the applicant producing records that demonstrate the individuals who cast ballots actually perform work and thereby maintain an employment relationship.
10The issues identified by the responding party may be dealt with by the panel of the Board assigned to the hearing of this matter. We decline to make any order concerning the segregation of ballots or the sealing of the ballot box. To the extent either party wishes to challenge the entitlement of an individual to cast a ballot, it may do so in the normal course during the representation vote.
11The 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.
12Any 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).
13The matter is referred to the Registrar.
"Patrick Kelly"
for the Board