J. G. Knight

A. Haward

Representation vote directed in application to terminate construction industry bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken, noting that the union's objections regarding the applicant's status and alleged employer involvement could be raised before the panel scheduled to hear the application.

Pierre Deschamps v. Labourers’ International Union of North America, Local 527A, 2001 CanLII 16342

J. G. Knight

D. L. Gee

OLRB0 cases1994–2001

A. Haward

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral against the responding party.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675 v. Metal Tech Systems Inc., 2001 CanLII 9257

Mary Ellen Cummings

J. G. Knight

A. Haward

Representation vote ordered in construction industry displacement application for certification.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995, seeking to displace the intervenor union as the bargaining agent for a unit of construction workers.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40% membership support in the proposed bargaining unit.

Consequently, the Board directed that a representation vote be taken among the eligible employees.

Labourers’ International Union of America v. Dominion Sheet Metal & Roofing Works, 2001 CanLII 13835

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

A. Haward

Board orders representation vote and seals ballot box in construction industry certification application.

The applicant union applied for certification to displace the intervenor union as the bargaining agent for a unit of roofers employed by the responding party in the construction industry.

The Board found that the applicant had sufficient membership support to warrant a representation vote.

Because the responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, the Board ordered a representation vote and directed that the ballot box be sealed pending resolution of the numerical difference.

A subsequent corrigendum corrected errors in the bargaining unit description and clarified that the responding party did not propose a different bargaining unit.

Carpenters and Allied Workers Local 27 v. Chislett Asphalt Roofing Ltd., 2001 CanLII 10920

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

A. Haward

Representation vote ordered in construction industry displacement certification application.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995, seeking to displace the intervenor as the bargaining agent for carpenters and carpenter apprentices employed by the responding party.

The responding party failed to file a timely response.

Based on the application materials, the Board found that the applicant appeared to have the requisite 40% membership support in the proposed bargaining unit.

The Board directed that a representation vote be taken, deferring the intervenor's objections regarding the applicant's trade union status and the validity of the membership evidence to a subsequent hearing.

Bricklayers, Masons Independent Union of Canada Local 1 v. Nu‑Tech Concrete Forming Ltd., 2001 CanLII 11986

J. G. Knight

D. L. Gee

OLRB0 cases1994–2001

A. Haward

Application adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if neither party requested to proceed.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. PCL Constructors Canada Inc., 2001 CanLII 18943

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardMay 2, 2001

Application adjourned sine die following representation vote.

Following a representation vote conducted by the Board on April 7, 2001, and with no parties raising any remaining issues requiring disposition, the Board adjourned the application sine die.

The application will be deemed terminated if no party requests to proceed within one year.

Labourers’ International Union of North America, Local 491 v. Labourers’ International Union of North America, 2001 CanLII 6045

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry certification application.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

Although the responding party disputed the estimated number of employees, it agreed with the bargaining unit description and that the ballots should be counted.

The Board directed that a representation vote be taken.

United Brotherhood of Carpenters and Joiners of America Local 1946 v. Reed Atwood Inc., 2001 CanLII 18325

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry certification application.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

As the applicant is not an affiliated bargaining agent, the Board directed that a representation vote be taken among all unrepresented employees at work in the construction industry for the responding party in the County of Lambton.

Construction Workers Local 53 v. Ogilvie Electric Inc., 2001 CanLII 16416

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote ordered in construction industry certification application with segregated ballots for disputed employees.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party failed to file a response.

The intervenor claimed to hold bargaining rights for some employees in the proposed unit.

The Board found that the applicant had sufficient membership support and ordered a representation vote, directing that ballots of employees performing work claimed by the intervenor be segregated.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. Chesterform Ltd., 2001 CanLII 7613

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote directed for construction industry certification application by non-affiliated trade union.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

As the applicant was not an affiliated bargaining agent, the Board directed a representation vote among all unrepresented employees of the responding party in all sectors of the construction industry in the County of Lambton.

Construction Workers Local 53, CLAC v. Lockhart Electric (Sarnia) Ltd., 2001 CanLII 17911

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board orders representation vote and seals ballot box pending related employer application.

The applicant applied to terminate the responding party's bargaining rights under section 63 of the Labour Relations Act, 1995.

The responding party sought to bind the intervenor to a collective agreement through an ongoing section 69 and 1(4) application.

The Board ordered a representation vote to be held, with the ballot box sealed pending the determination of the issues raised in the application.

Chad Saulnier v. Carpenters’ District Council of Ontario, 2001 CanLII 3633

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 26, 2001

Representation vote directed in application to terminate bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Robert Lackie v. Sheet Metal Workers’ International Association, Local 30, 2001 CanLII 18312

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 26, 2001

Representation vote directed in decertification application despite union's allegations of employer intimidation and coercion.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that at least forty percent of the employees in the bargaining unit expressed a wish not to be represented by the union.

Despite the union's allegations that the employer threatened, intimidated, and coerced employees to bring the application, the Board directed that a representation vote be taken and the ballots counted.

Brad Martin v. Labourers’ International Union of North America, Local 183, 2001 CanLII 6847

J. G. Knight

Inge M. Stamp

G. McMenemy

Decertification application dismissed as union retained support of more than 50% of voting employees.

The applicant filed an application for termination of bargaining rights.

A representation vote was held, and not more than 50 per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party union.

No statement of desire to make representations was filed following the vote.

Consequently, the Ontario Labour Relations Board dismissed the application.

Alain Gillespie v. Labourers’ International Union of North America, Local 527, 2001 CanLII 19827

J. G. Knight

Inge M. Stamp

G. McMenemy

Union certified to represent construction labourers after winning representation vote.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the union, the responding party conceded that the remaining segregated ballots would not affect the outcome.

The Board issued certificates to the union for the industrial, commercial and institutional sector and all other sectors in the appropriate geographic areas pursuant to section 160(1) of the Act.

Labourers’ International Union of North America, Local 493 v. 1017457 Ontario Inc., 2001 CanLII 15767

J. G. Knight

Inge M. Stamp

G. McMenemy

Union certified for construction labourers after winning representation vote.

The applicant union applied for certification.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the responding party conceded that the remaining segregated ballots would not affect the outcome.

The Board issued two certificates pursuant to section 160(1) of the Labour Relations Act: one for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic area.

Labourers’ International Union of North America, Local 493 v. 1017457 Ontario Inc. c.o.b. as Dyna-Con Explosive Technologies, 2001 CanLII 10634

J. G. Knight

G. McMenemy

David A. McKee

OLRB0 cases1999–2001

Request for new representation vote denied; post-vote eligibility challenges and minor scheduling delays insufficient.

The applicant union applied for certification to represent carpenters employed by the responding party.

Following a representation vote in which the applicant received majority support, the intervenor union requested a new vote.

The intervenor challenged the eligibility of three employees whose ballots had been counted on consent and argued the vote was held one day late, causing an employee on vacation to miss it.

The Board dismissed the request, holding that post-vote eligibility challenges offend the interests of finality and that the Board is not required to coordinate vote dates with employees' personal schedules.

A certificate was issued to the applicant.

Labourers’ International Union of North America v. Exclusive Carpentry Enterprises Limited, 2001 CanLII 4455

J. G. Knight

Inge M. Stamp

G. McMenemy