- May 26, 2021
- Certifications/Decertifications
This is a subsequent decision of the Ontario Labour Relations Board (the “Board”). In an earlier decision dated September 15, 2017 the Board found that the Union’s proposed site specific bargaining unit of all house crew audio/visual technicians and house crew riggers regularly employed at the Sheraton Centre hotel in Toronto was appropriate. The Board then directed the parties to make submissions on the status disputes remaining. The status of 22 employees was resolved and 71 individuals remained in dispute. The Board considered the most expeditious process to determine the remaining disputes.
The Board considered the Union and the Employer’s written submissions and reply submissions. The Employer took the position that all 71 remaining employees in dispute worked at the Sheraton Centre in the 12 months preceding the application date and should be included in the vote. The Employer further asserted that “regularly employed” simply means the individual is “employed” by PSAV. The Union took the position that employees properly within the bargaining unit are full time regular and part time employees that work a majority of their hours at and are cost centred to the Sheraton. None of the employees in dispute worked a majority of hours at the Sheraton during the 6 or 12 month period before the application.
The Board directed the parties focus on the six-month period before the application was filed. The Board further directed the parties to provide a list of 71 employees remaining in dispute divided into three categories:
- employees who worked less than 35% of their time at the Sheraton;
- employees who worked between 35-65% of their time at the Sheraton Centre; and
- employees who worked more than 65% of their time at the Sheraton.