[1983] OLRB Rep. March 334
2390-82-R International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Applicant, v. Calorific Construction Company, Respondent
BEFORE: R. A. Furness, Vice-Chairman, and Board Members C. A. Ballentine and F. W. Murray.
DECISION OF THE BOARD; March 10, 1983
In this application for certification the applicant filed seven confirmation documents. These documents are variously dated in February of 1982, are signed by persons who confirm that they have been members of the applicant for periods varying between eleven and eighteen years. These signatories are attested by a person who is indicated to be a business representative of the applicant. In addition, the confirmation documents contain certain personal information — the person's address, his telephone number, his union register number, his social insurance number and the name and address of his employer. There is no indication on any of the confirmation documents that the person who confirms his membership has paid to the applicant on his own behalf an amount of at least one dollar in respect of initiation fees or monthly dues of the applicant.
Sections l(l)(l) and 7(1) of the Act provide:
l.- (l) In this Act,
(1) "member", when used with reference to a trade union, includes a person who,
(i) has applied for membership in the trade union, and
(ii) has paid to the trade union on his own behalf an amount of at least $1 in respect of initiation fees or monthly dues of the trade union, and "membership" has a corresponding meaning.
7.-(l) Upon an application for certification, the Board shall ascertain the number of employees in the bargaining unit at the time the application was made and the number of employees in the unit who were members of the trade union at such time as is determine under clause 103(2)(j).
The confirmation documents do not indicate any payment of initiation fees or monthly dues to the applicant. The Board is not prepared to find that the confirmation documents are evidence that the persons who signed thereon are members of the applicant within the meaning of section 1(1)(1) of the Act. Similarly, the Board is not prepared to find that the confirmation documents are evidence of membership as contemplated by section l(l)(l). It follows that there were no employees in any bargaining unit that the Board might find to be appropriate for collective bargaining who are members of the applicant under section 7(1) at such time as is determined under section 103(2)(j) of the Act.
The Board is satisfied on the basis of all the evidence before it that less than forty-five per cent of the employees of the respondent in any bargaining unit the Board might find appropriate, at the time the application was made, were members of the applicant on March 1, 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.
This application is dismissed.