Local 828 v. National Ballet of Canada [2004] O.L.R.D. No. 3006 (Ontario Labour Relations Board)

Application for certification (first of two decisions).  The local had previously been found to be a trade union within the meaning of the Act.  Not less than forty percent of the individuals in the bargaining unit were members at the time of application.  The Ballet disputed the local’s estimate of the number of employees in the proposed bargaining unit and proposed a different bargaining contending that the local’s could not be appropriate.  The Board found that the local’s proposed bargaining unit could be appropriate and that the numerical different between the parties is not significant and ordered the taking of a representation vote  of “all employees of the National Ballet of Canada engaged in painting and finishing theatrical scenery and theatrical props in the City of Toronto, save and except production manager and persons above that rank.”  The Board further directed that any disputed ballots be segregated and not counted until the Board so ordered or the parties agreed. 

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