Day 137 - 19 Jun 95 - Page 05
1 restaurant is not sufficient to constitute a unit", it is
2 in this case all six restaurants because, there is a
3 uniformity of interest or community of interest, and the
4 union could not raise 30 per cent interest amongst the
5 total workforce in those six restaurants, what would be the
6 fate of the petition?
7 A. The National Labour Relations Board would dismiss the
8 petition.
9
10 Q. So that the licensee's operation would remain ununionised;
11 is that right?
12 A. That is correct.
13
14 Q. What if the union got its 30 per cent across the board,
15 what would happen next?
16 A. Then what the National Labour Relations Board would do
17 is they would get the parties together for the purpose of
18 setting up an election, the date, the time, the place, the
19 hours, if you will, that the polls would be open.
20
21 Q. This is a secret ballot?
22 A. Yes, it is. One of the jobs that I had when I worked
23 for the National Labour Relations Board was conducting
24 these elections -- perhaps this is more detailed than you
25 need -- I would come with my own voting booth that was,
26 obviously, government property and I would ensure the
27 secrecy of the balloting process. I would count the
28 ballots there and everyone would witness the results.
29
30 Q. Is the election, assuming that it is properly held, a
31 secret ballot conducted by the Board, decided on a simple
32 majority?
33 A. Yes, it is, sir.
34
35 Q. If a simple majority of that licensee's workforce should
36 vote in favour of the organisation, then a union will be
37 represented?
38 A. Yes, the formal proceeding is within five days after
39 the election; if there be no objections to any context
40 surrounding the election, they would either certify the
41 union or certify the results.
42
43 Q. Can I ask you this since it arises conveniently now:
44 Suppose the Board should conclude that the employer was in
45 some way trying to frustrate or obstruct the fair and free
46 election, what powers of law does it have?
47 A. They have two different avenues to pursue; one is they
48 could set aside the election and order that a new election
49 take place, so they could either hold a new election and
50 they would set forth the terms under which that new
51 election would take place, or if it was felt that the
52 employer -- and by the way that goes with respect to either
53 the employer or union conduct ---
54
55 Q. I understand that.
56 A. -- either way, and if they feel that the employer has
57 committed unfair labour practice, serious unfair labour
58 practices, the National Labour Relations Board has the
59 power, even if the union lost the election, to order the
60 employer to recognise and bargain in good faith with this
