- May 26, 2021
- Certifications/Decertifications
On September 15, 2017 the Ontario Labour Relations Board released its decision in IATSE Local 58 v Audio Visual Services (Canada) Corporation. This decision concerns an application for certification of audio visual technicians in the hospitality industry. This decision will undoubtedly have impacts on this industry that has been historically difficult to organize.
Audio Visual Services (Canada) Corporation (“AV Services”) provides technical services primarily at hotel event venues in the Greater Toronto Area. AV Services compliment of employees is vast and spread out with some level of interchange over many venues. Approximately 160 hourly employees were generally assigned work through a hiring hall type system. Work locations would vary in size, complexity and workforce. The Sheraton hotel was the largest employee base. On the date of application approximately 20 employees were based out of the Sheraton, and of those 18 were full-time or regular part-time. There was a greater level of interchange at the other service provider locations, with some hotels only having a single regular employee assigned to them.
The Union sought a bargaining unit of all house crew audio/visual technicians and riggers employed exclusively at the Sheraton hotel. The employer opposed this carved out unit and unsuccessfully argued for an all employee unit that would have covered the entire City of Toronto. The Union argued that the Sheraton had a particularly stable and consistent workforce, and highlighted the need to facilitate access to collective bargaining where there is a low rate of unionization in the industry.
The OLRB was ultimately persuaded by the Union’s arguments, and was satisfied that the location specific bargaining unit at the Sheraton was appropriate in the circumstances. The Board was satisfied that both the level of interchange and structure of the proposed bargaining unit could not establish labour relations harm. The Board also noted that any labour relations harm must be weighed against the obstacles to organizing, which in this case were great.