- May 25, 2021
- Certifications/Decertifications
Application for certification (first of two decisions). The local had previously been found to be a trade union within the meaning of the Act and a representation vote hadd been held. There was a dispute with respect to the geographical delineation of the bargaining unit; i.e., The City of Brantford (advocate by the local) or stage employees working at the Sanderson Centre (advocated by the employer). The employer also argued that the Board should not follow its practice of apply the date of application approach (the “bright line” test) and include all those who were not at work on the date of application so long as they had a reasonable expectation of returning to employment. The Board followed its practices with respect to the geographical delineation and date of application issues. In particular, the Board found that not less than forty percent of the employees present on the date of application were members of the local and referred the matter to the Director of Field Services to arrange a date with the parties to count the ballots.