Local 471 v. Great Canadian Theatre Co. [2002] O.L.R.D. No. 4352 (Ontario Labour Relations Board)

Application for certification (first of two decisions).  Not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the local at the time the application was made.  The employer disputed the appropriateness and the local’s estimate of the number of employees in the proposed bargaining unit.  The Board found that the proposed bargaining unit could be appropriate and that the numerical difference between the parties was not significant.  The local had established sufficient support for the purposes of obtaining a representation vote.  Eligibility to vote included employees who were not at work on the application date, so long as there was a reasonable expectation of their return to employment.

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