Ontario Labour Relations Board
[1983] OLRB Rep. April 592
2644-82-R United Brotherhood of Carpenters and Joiners of America Local 1190, Applicant, v. Praetor Enterprises Limited, Respondent
BEFORE: D. E. Franks, Vice-Chairman, and Board Members J. Wilson and H. Kobryn.
APPEARANCES: B. W Adams and F. D’Abbondanza for the applicant; no one appearing for the respondent.
DECISION OF THE BOARD; April 27, 1983
- This is an application for certification made pursuant to the construction industry provisions of the Labour Relations Act. In a decision dated April 7, 1983 the Board listed this matter for hearing in the following circumstances and for the following purpose:
"2. Applications made pursuant to the construction industry provisions of the Labour Relations Act normally do not require that a hearing be held by the Board. In the present instance, the Board has not received the evidence of representation in support of this application nor has it received a Form 80 as required by the Board's Rules of Procedure. The position taken by the applicant trade union is that prior to the terminal date, the evidence of membership and the Form 80 were sent by registered mail to the Board. The Board has not yet received these documents. In these circumstances, the Board directs that the Registrar list this matter for hearing. At the hearing in this matter, the Board will hear viva voce the evidence of the applicant trade union concerning the mailing by registered mail of the evidence of membership and the Form 80. The Board will then base its decision in this application for certification on that evidence.
At the hearing in this matter, the Board heard under oath the viva voce evidence of Mr. Frank D'Abbondanza, a business representative of the applicant Local 1190. He handled the application for certification with respect to the respondent, Praetor Enterprises Limited, and his evidence is that on March 28th he mailed by registered mail to the Registrar of the Labour Relations Board an envelope containing certain membership documents and a Form 80. In support of this statement he presented a registration receipt from Canada Post for that date, listing amongst other things, a letter sent registered to the Registrar of the Ontario Labour Relations Board. Mr. D'Abbondanza also filed with the Board photocopies of five membership documents enclosed in the envelope. It was also Mr. D'Abbondanza's evidence that the applicant trade union had instituted a search with Canada Post on April 12th, 1983. However, that search had by the date of the hearing revealed nothing further on the missing envelope.
On the basis of the evidence before us, and in the circumstances of the present case, we are prepared to accept the evidence of Mr. D'Abbondanza that the documents referred to were mailed by registered mail prior to the terminal date of the instant application. The Board, therefore, finds that in this application for certification the applicant filed five combination applications for membership and receipts. The combination applications for membership are signed by the employees and the receipts are countersigned and indicate that a payment of $1.00 has been made within the six month period immediately preceding the terminal date of the application. The money was collected by more than one person. The applicant also filed a duly completed Form 80, Declaration Concerning Membership Documents, Construction Industry.
The respondent filed a reply, a list of employees containing seven names on Schedule "A" and specimen signatures within the time fixed in accordance with the Labour Relations Act and the Board's Rules of Procedure.
[Findings as to trade union status, bargaining unit and percentage of membership support omitted]
- A certificate will issue to the applicant.