ONTARIO LABOUR RELATIONS BOARD
1570-91-R Sheet Metal Work ers' International Association, Local 30, Appli cant v. Corporation of the City of Toronto, Respondent.
BEFORE: Louisa M. Davie, Vice-Chai r, and Board Members J. A. Ronson and D. A. Pattersom.
DECISION OF THE BOARD; September 6, 1991
The name of the respondent is amended to read: ''Corporation of the City of Toronto".
In thi s appli cation for certifi cation the appl i cant filed 2 combination appli cations for membershi p and receipts. The combination appli cations for membershi p are signed by the employees and the receipts are countersigned and indi cate that a payment of $1.00 has been made within the six-month peri od immediately preceding the termi nal date of the appli cation. The money was collected by one person. The applicant also filed a duly completed Form 80, Declaration Concerning Membershi p Documents, Constructi on Industry.
The respondent filed a reply, a list of employees and specimen signatures within the time fixed in accordance wi th the Labour Relations Act and the Board' s Rules of Procedur e.
The Board finds that the appli cant is a trade union wi thin the meaning of section l(l )(p) of the Labour Relations Act and is an affi liated bargai ning agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 139 (1) of the Act on Apri l 28, 1986, the designated employee bargaining agency is the Sheet Metal Work ers' International Association and the Ontario Sheet Metal Work ers' Confer ence.
The Board further finds that this is an appli cation for certifi cation within the meaning of secti on 119 of the Labour Relations Act and is an application made pursuant to section 144(1) of the Act whi ch provides that:
An application for certificati on as bargaining agent whi ch relates to the industrial, commercial and institutional sector of the construction industry referred to in clause 117 (e) shall be brought by ei ther, -
(a) an employee bar gaining agency; or
(b) one or more affiliated bargaining agents of the employee bar gaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the uni t of employees shall include all employees who would be bound by a provincial ag reement together wi th all other employees in at least one appr opriate geographic area unless bar gaining rights for such geographic area have al ready been acqui red und er subsection 3 or by voluntary recognition.
The Board further finds, pursuant to section 144(1) of the Act, that all journeymen and apprentice sheet metal workers in the employ of the respondent in the industrial, commercial and insti tutional sector of the construction industry in the Province of Ontario and all journeyman and apprentice sheet metal workers in the employ of the respond ent in all other sectors in the Municipali ty of Me tropoli tan Toronto, the Regional Municipalities of Peel and York , the Towns of Oakville and Halton Hills and that portion of the Town of Milton within the geographic Townshi ps of Esquesing and Trafalgar , and the Towns of Ajax and Pickering in the Regi onal Municipali ty of Durham, save and except non-work ing foremen and persons above the rank of non-work ing foreman, constitute a uni t of employees of the respondent appropriate for collective bargaining.
The Board is satisfied on the basis of all the ev idence before it that more than fifty-fi ve per cent of the employees of the respondent in the bargaini ng unit, at the time the application was made, were members of the applicant on August 21, 1991, 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 fo r the purpose of ascertaini ng membership under section 7(1) of the said Act.
Secti on 144 (2) of the Act, which states in part as follows, provides for the issuance of more than one ce rtificate i f the appli cant has the requisi te membership support:
..., the Board shall ce r tify the t rade unions as the bargaining agent of the employees in the bargaining unit and in so doing shall issue a certificate confined to the industrial, commercial and institutional sector and issue anothe r cer tifi cate in relation to all othe r sectors in the appropriate geographic area or areas.
[emphasis added ]
The refore, pursuant to section 144(2 ) of the Act, a cer ti ficate wi ll issue to the applicant affi liated bargaining agent on i ts own behalf and on behalf of all other affiliated bargaining agents of the employee bargaining agency named in paragraph 4 above in respect of all journeymen and apprentice sheet metal workers in the employ of the respondent in the indust ri al , comme r cial and insti tutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and pe rsons above the rank of non-working foreman.
- Further, pursuant to section 144 (2) of the Act, a ce rtificate will i ssue to the applicant trade union in respect of all journeymen and apprentice shet metal worke rs in the employ of the respondent in all sectors of the construction industry in the Munici pali ty of Metropoli tan Toronto, the Regional Munici palities of Peel and York , the Towns of Oak vi lle and Halton Hills and that portion of the Town of Milton wi thin the geographic Townshi ps of Esquesing and Trafalga r , and the Towns of Ajax and Pickering in the Regi onal Munici pali ty of Durham, excludi ng the industrial, commer cial and insti tutional sector , save and except non-working foremen and pe rsons above the rank of non-working foreman.
"Louisa M. Davie" for the Board