- May 26, 2021
- Certifications/Decertifications
On November 5, 2014, IATSE Local 210 applied to be the bargaining agent for “all theatre technicians” of the Responding Party. In accordance with the Board’s usual practice, a Board Officer prepared a report and found that the Application was timely and that the Union had the 40% necessary to conduct a representation vote. The Employer filed objections to the Board Officer’s report taking issue with the inclusion of two causual employees in the bargainng unit. The two individuals in dispute were at work on the Application Filing Date and therefore were presumptively entitled to vote pursuant to Rule 16 of the Board’s voting procedure. However, the Employer argued that due to the infrequency of their shift the Board ought not to allow them to vote.
The Employer argued that the Board should exercise its discretion to depart from voting rule 16 as it is consistent with the Board’s treatment of casual employees. The Board noted that it only rarely departs from Rule 16 and declined to do so in this case. Insodoing, the Board noted, that this workplace has a relatively small compliment of staff and relies heavily on casual employees. Furthermore, the Board noted, that the number of casual workers at work on the date of the application was not an unusually high number and the particular employees in dispute had ben on the Employer’s call-out list for several years.