[1984] OLRB Rep. April 606
1277-83-R Interior Systems Contractors Association of Ontario, Applicant, v. Drywall Acoustic Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America, Respondent.
BEFORE: R. A. Furness, Vice-Chairman, and Board Members C. A. Ballentine and J. D. Bell.
APPEARANCES: Robin B. Cumine, Q. C. and Saul Marmurek for the applicant; H. K. Weller for the respondent; Joseph Liberman for the Acoustical Association of Ontario; B. W Binning for Cloke Construction Limited; Glencon Construction Ltd. and Beaver Cook Leitch (Ontario) Limited; Richard Nixon, John Favaro and Gord Buttle for Canadian Gypsum Company; Henry' Losereit for Losereit Sales & Services Limited; and David Hewson for Leonard Hewson Ltd.
DECISION OF THE BOARD; April 27, 1984
This is an application for accreditation, construction industry, wherein the applicant seeks to be accredited as the bargaining agent for certain employers who have a bargaining relationship with the respondent. The respondent is a party to a collective agreement with the applicant which is dated June 15, 1982. This collective agreement became effective on June 15, 1982, and expires on April 30, 1984, with provision for renewal biennially thereafter unless either party furnishes the other with notice of termination or proposed revision within one hundred and twenty days before April 30, 1984, or in a like period in any biennial year thereafter. Having regard to the material before it, the Board is satisfied that more than one employer is affected by this application and is bound by this collective agreement. The Board therefore finds that it has jurisdiction under section 125 of the Labour Relations Act to entertain this application.
The applicant is an incorporated association. In support of its application, the applicant filed a copy of its letters patent dated September 1, 1971, supplementary letters patent dated May 24, 1974, and its by-laws dated May 8, 1979. By the supplementary letters patent the name of the applicant was changed to Interior Systems Contractors Association of Ontario from The Drywall Association of Ontario. Having regard to the material before it and to the representations of the parties, the Board further finds that the applicant is an employers' organization within the meaning of section 117(d) of the Labour Relations Act and is satisfied that the applicant is a properly constituted organization for the purposes of section 127(3) of the Labour Relations Act.
The applicant also filed in support of its application sixty-five documents entitled "Authority of Employer to Interior Systems Contractors Association of Ontario". These documents appoint the applicant to act on behalf of the employer in all aspects of and all matters concerning or arising out of any collective agreement currently in force between the employer and the respondent. These documents assign to and vest in the applicant all rights to bargain on behalf of the employer and to enter into collective bargaining agreements or any renewal thereof or extension or modification thereto with the respondent and also vest in the applicant all necessary and appropriate authority to enable it to discharge all of the responsibilities of an accredited bargaining agent pursuant to the Labour Relations Act. These documents also appoint the applicant as the employer's agent and representative to make an application or applications for accreditation or to apply to be designated as an employers' organization under the Labour Relations Act with respect to such sector or sectors and for such geographical area or areas as the applicant may deem appropriate. The applicant also filed in support of these documents a duly completed Form 88, Declaration Concerning Representation Documents Application for Accreditation, Construction Industry. The Board is satisfied that the evidence of representation meets the requirements set out in section 120 of the Board's Rules of Procedure and the Board is further satisfied that the individual employers on whose behalf the applicant has submitted evidence of representation have vested appropriate authority in the applicant to enable it to discharge the responsibilities of an accredited bargaining agent.
The collective agreement referred to in paragraph one applies to and is effective within the Province of Ontario. The applicant and the respondent agree that this is the appropriate geographic area for accreditation in this application. The applicant and the respondent have also agreed that pursuant to this collective agreement employees have been employed in the residential sector of the construction industry. Having regard to the agreement of the applicant and the respondent, the Board finds that all employers of carpenters and carpenters' apprentices engaged for the application of metal and gypsum lath, gypsum drywall boards and metal components to receive same, screeds and bead accessories, acoustical ceiling systems, thermal insulation, including vapour barrier, metal door frames installed in lath and plaster and drywall partitions for whom the respondent has bargaining rights in the Province of Ontario in the residential sector of the construction industry, constitute a unit of employers appropriate for collective bargaining.
[Employer lists as determined by the Board omitted]
On the basis of all the evidence before it, the Board finds that on the date of the making of this application, the applicant represented 46 of the employers on Final Schedule "E". The 46 employers is the number of employers to be ascertained by the Board under section 127(l)(b) of the Labour Relations Act. Accordingly, the Board is satisfied that a majority of the employers in the unit of employers is represented by the applicant.
The Schedule "H" which accompanied the Form 94 Employer Filing, filed by the individual employers, sets out the number of employees that the employer has at each job site with details of the location of the type of construction involved. By section 127(l)(c) of the Labour Relations Act, the payroll period immediately preceding the making of the application is the relevant weekly payroll period for determining the number of employees affected by the application. On the basis of the evidence before it, the Board finds that there were 788 employees affected by this application during the payroll period immediately preceding September 9, 1983, or for such other weekly payroll period with respect to certain employers where the said payroll period immediately preceding September 9, 1983, was unsatisfactory. The 788 employees is the number of employees to be ascertained by the Board under section 127(l)(c) of the Labour Relations Act.
The Board finds that the 46 employers represented by the applicant employed 663 of these 788 employees. The Board is therefore satisfied that the majority of the employers represented by the applicant employed a majority of the employees affected by this application as ascertained in accordance with the provisions of section 127(l)(c) of the Labour Relations Act.
Having regard to all of the above findings a Certificate of Accreditation will issue to the applicant for the unit of employers found to be an appropriate unit of employers in paragraph four herein, and in accordance with the provisions of section 127(2) of the Labour Relations Act for such other employers for whose employees the respondent may after September 9, 1983, obtain bargaining rights through certification or voluntary recognition in the geographic area and sector set out in the unit of employers.