1. M. Stamp

The applicant union filed three applications for certification requesting a pre-hearing representation vote for employees of three formerly separate companies that had amalgamated into Plastics CMP Limited.

The Board considered the effect of the amalgamation on the existing bargaining rights held by the intervener union.

To maximize the utility of the vote results pending a final determination of the appropriate bargaining unit, the Board established four separate voting constituencies and directed that pre-hearing representation votes be taken.

The respondent employer requested that the Ontario Labour Relations Board reconsider its decision certifying the applicant union without a hearing.

The employer argued that the Board erred by not applying the '30/30' rule to determine the number of employees and by not applying the build-up principle, given an anticipated increase in the workforce.

The Board declined to reconsider, reaffirming its consistent practice in the construction industry of counting only employees actually at work on the application date and not applying the build-up principle.

The Carpenters' Union referred a grievance to the Board alleging the employer violated the provincial collective agreement by employing non-union carpenters.

Concurrently, a group of employees applied to terminate the union's bargaining rights.

The Board found that employees hired prior to the statutory extension of the union's province-wide bargaining rights were "employees" in the bargaining unit with status to bring a termination application, and were entitled to a reasonable opportunity to join the union to preserve their employment.

The Board further found the termination petition to be voluntary, despite the employer's known opposition to the union, and ordered a representation vote.

The employer was also found in violation of the collective agreement and ordered to cease employing non-union carpenters, subject to the pre-existing employees' opportunity to join the union.