[1997] OLRB REP. JANUARY/FEBRUARY 138
3337-96-R International Brotherhood of Electrical Workers, Local 353, Applicant v. Speed Electric Limited, Responding Party
BEFORE: Jules B. Bloch, Vice-Chair, and Board Members W N. Fraser and G. McMenemy
DECISION OF THE BOARD; February 13, 1997
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 ("the Act").
A vote was held on January 27, 1997, the ballots were segregated and the ballot box was sealed.
An issue arose at the Labour Relations Officer's meeting in respect of a Form called "Pending Provisional C of Q". In the construction industry and in particular for the certified trades like electricians the voting list and the members of the bargaining unit are made up of individuals who hold certificates of qualification in a particular certified trade.
In this case, certain of the individuals on the employer 's list are in possession of a certificate from the Ministry of Education and Training referred to as a "Pending Provisional C of Q". On its face, the certificate, in part, states the following:
The above named is authorized to work in the trade indicated pending issuance of a Provisional Certificate of Qualification, or for a maximum of 30 days.
The Provisional Certificate permits the applicant to work in the trade indicated until the noted Expiry Date, at which time an examination for Certificate of Qualification will be given.
Applicant: Please inform the employer upon receipt of Provisional Certificate.
- As well, the file contains a letter dated January 31, 1997 from the Workplace Support Services Branch to Mr. Ron Zakkal the employer, which is reproduced below:
Workplace Support Services Branch
Apprenticeship and Client Services
1-625 Church Street
Toronto Ontario
M4Y 2E8
January 31, 1997
Dear Mr. Ron Zakkal:
Re: Abdurahman Mete
In response to your inquiry regarding trade certification of Mr. Mete as a Domestric and Rural Electrician (309C), this is to advise you Mr. Mete is not a registered apprentice, and he does not hold a Certificate of Qualification as an Electrician.
Yours truly,
('Elaine Forde")
Elaine Forde
In our view, the certificate, on its face, indicates that the holder of the certificate is entitled to work at the trade for a certain period of time, in this case for a period not to exceed thirty days.
In our view, the Board accepts the certificates as proof that the employee in question is qualified to work at the trade, in this case the electrical trade, during the time frame allowed by the certificate and consequently is entitled to be placed on the employee list for the purpose of who was at work on the application date.
The C of Q regime is administered by the Ministry of Education and Training and the Board accepts their certificates as proof of the status of any individual.
In respect of this case all those at work on the date of application doing bargaining unit work and hold these type of certificates would be entitled to be on the voting list and in the voting constituency for the purpose of this certification.