Reference no: EM133138594

Question in my assignment:  

Big Blue Inn is a boutique hotel privately owned by the Murray McMoney, a local land developer. In addition to the hotel, McMoney owns a property management company, two nightclubs and a catering company. The workforce at the hotel is comprised as follows:

• Front Desk/Customer Service: 6 clerks, 4 porters, 1 concierge specialist, 
• Kitchen: 1 head chef, 3 chefs, 4 cook assistants, 2 dishwashers
• Restaurant/Bar: 6 servers, 4 bussing assistants, 
• Office: 2 secretaries, 1 accountant,
• Management: 1 General Manager, 2 Assistant General Area Managers, 1 Customer Service Manager, 1 Restaurant Manager

McMoney has contracted maintenance services to an outside company, B & S Maintenance Services. Four maintenance workers work at the hotel on a permanent basis and are supervised by one of the assistant general managers, who determines their workload and sets their working hours. B & S establishes their wage rate and benefits. There are six housekeepers who are independent contractors paid a per-room rate. Their contract outlines their working hours as 8am to 4pm five days a week (shifts rotate among the six workers in a set pattern) and stipulates a daily room quota that must be met. Cleaning and other supplies are provided by the hotel. The other assistant general manager supervises their work. Laundry services are contracted out to Quickie Clean Ltd., which picks up dirty laundry and delivers clean laundry daily.

All hiring, discipline and firing was conducted by the General Manager and Assistant General Managers. The two area managers supervised workers in their area, created schedules and conducted annual performance reviews. They participated in all managerial meetings regarding hotel operations.

Scenario One

The Canadian Hotel Employees Union (CHEU) has filed a certification application for a group of workers at the Big Blue Inn. The application proposes the following bargaining unit: "All workers employed by Big Blue Inn excluding management, front desk and office staff". The union claims housekeeping and maintenance staff are employees of Big Blue Inn. They submit the following signed cards in support of the application:

• Kitchen: 5 workers
• Restaurant/Bar: 3 workers
• Housekeeping: 5 workers
• Maintenance: 4 workers

1. Is the bargaining unit appropriate? If not, what is the appropriate bargaining unit? Explain the reasoning for your decision.
2. Using your determined bargaining unit, does the application demonstrate sufficient support for either certification or conducting of a certification vote? Why or why not? (Use the rules of the jurisdiction in which you live).

MY question:

Do you think it's the fact that theyre counting votes from maintenance workers? What is your opinion?  follow ontario jurisdiction.