[1986] OLRB Rep. April 517
0056-85-R Labourers' International Union of North America, Local 1059, Applicant, v. McKay-Cocker Construction Limited, Respondent
BEFORE: Harry Freedman, Vice-Chairman, and Board Members J. P. Wilson and H. Kobryn.
DECISION OF THE BOARD; April 11, 1986
- This is an application for certification filed on Form 75, Application for Certification, Construction Industry. Paragraph 10 of the application, in which the applicant may set out other relevant statements, contains the following sentence:
The Applicant requests that a pre-hearing vote be held in this matter as quickly as possible between the Applicant herein and the existing bargaining agent, namely, Cement Masons International Association of the United States and Canada, Local 115."
- Section 90 of the Board's Rules of Procedure, which relates to applications made in the construction industry, states:
'An application for certification as bargaining agent shall be made in quadruplicate in Form 75, but, where the applicant desires a pre-hearing representation vote, the application shall be made in Form 1 and sections 3 to 10 apply."
[emphasis added]
While the applicant has not complied with section 90 of the Rules in making its application, it is clear that the applicant is requesting that a pre-hearing vote be taken. In view of section 84 of the Board's Rules of Procedure, which states:
"No proceeding under these Rules in invalid by reason of any defect in form or of any technical irregularity.'',
the Board shall process this application as if it had been made in the proper form.
- The Board hereby appoints a Labour Relations Officer to:
(1) to confer with the parties as to the description and composition of an appropriate bargaining unit;
(2) to examine the records of the applicant and of the respondent for the purpose of obtaining the information required by the Board under subsection 2 of section 9 of the Labour Relations Act;
(3) to confer with the parties as to the description and composition of the voting constituency, the list of employees as of the terminal date in this matter to be used for the purposes of any vote that may be directed by the Board, the form of the ballot, the date and hour for the taking of the vote, and the number and locations of the polling places;
(4) upon consent of the parties to investigate any other matter relating to the application; and
(5) to report to the Board.