[1983] OLRB Rep. November 1839
1366-83-R Labourers' International Union of North America, Local 837, Applicant, v. Freure Homes Limited, Respondent
BEFORE: Ian C. Springate, Vice-Chairman, and Board Members A. Grant and L. C. Collins.
APPEARANCES: B. Fishbein and J. Vella for the applicant; Marc Somerville Q.C. and David Freure for the respondent.
DECISION OF THE BOARD; November 8, 1983
1This is an application for certification filed pursuant to the construction industry provisions of the Labour Relations Act.
2The Board finds that the applicant is a trade union within the meaning of section l(l)(p) of the Labour Relations Act.
3The Board finds that this is an application for certification within the meaning of section 119 of the Labour Relations Act. The Board further finds that the application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 117(e) of the Act.
4The applicant seeks to be certified to represent all unrepresented trades in the employ of the respondent in Board Area #5 as of the application date. We are satisfied, pursuant to section 6(1) of the Act, that such a unit would be appropriate for collective bargaining. The parties are now in agreement that on the application date the respondent had in its employ in Board Area #5 construction labourers, carpenters and rodmen. The Board would note that by letter dated November 3, 1983, the applicant withdrew its contention that the respondent also employed a number of cement masons.
5At the hearing, the respondent requested that employees who are regularly employed by the respondent outside Board Area #5, but who work in the area on a "casual basis" be excluded from the bargaining unit. Due to the particular nature of the industry, when dealing with construction industry certification applications the Board's long standing practice has not been to distinguish between persons employed on a part-time or temporary basis from those employed on a more regular basis. See Moyer Construction Co. Ltd. L1969] OLRB Rep. Oct. 914. In our view, the facts of this case are not such as to warrant a departure from this practice. Accordingly, persons employed by the respondent on a casual basis in the Board area will not be excluded from the bargaining unit.
6Having regard to the above, the Board finds that all carpenters, carpenters' apprentices, construction labourers and rodmen in the employ of the respondent in the Regional Municipality of Niagara and that portion of the Regional Municipality of Haldimand-Norfolk coming within the former County of Haldimand, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman, constitute a unit of employees of the respondent appropriate for collective bargaining.
7Having regard to all of the material before it, the Board is satisfied that more than fifty-five per cent of the employees of the respondent in the bargaining unit, at the time the application was made, were members of the applicant on September 29, 1983, the terminal date fixed for this application and the date which the Board determines, under section 103(2)(j) of the Labour Relations Act, to be the time for the purpose of ascertaining membership under section 7(1) of the said Act.
8A certificate will issue to the applicant.