Sheet Metal Workers’ International Association, Local 473 v. J.M.R. Electric Ltd.
File No.: 1915-00-R Date: October 3, 2000
Sheet Metal Workers’ International Association, Local 473, Applicant v. J.M.R. Electric Ltd., Responding Party.
BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on April 28, 1986, the designated employee bargaining agency is the Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference consisting of Locals 30, 47, 235, 392, 397, 473, 504, 537, 539, 562 ad 629 of the Sheet Metal Workers’ International Association.
3The responding party was duly served with the application on September 28, 2000, according to the Certificate of Delivery filed by a general counsel for the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure. The responding party disagrees with the applicant’s estimate of the number of employees who were at work in the proposed bargaining unit on the application filing date. This matter need not be resolved at this stage of the proceedings. The responding party also disagrees with the description of the bargaining unit proposed by the applicant. The applicant is seeking its traditional craft bargaining unit as defined under section 9(3) of the Act. The responding party asserts that the proposed bargaining unit should include all employees performing sheet metal work employed by the responding party and not just journeymen and registered apprentice sheet metal workers.
4It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
5The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
6The Board further finds, pursuant to section 158(1) of the Act, that all journeymen and registered apprentice in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and registered apprentice in the employ of the responding party in all other sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, save and except non-working foremen and persons above the rank of non‑working foreman, constitute a unit of employees of the responding party appropriate for collective bargaining. In making such a finding the Board rejects the position of the responding party that the bargaining unit should consist of all employees performing sheet metal work for the responding party. An “all employee” bargaining unit is at odds with section 158(1) of the Act and the Board has consistently refused to find such a bargaining appropriate for collective bargaining in the construction industry.
7Having regard to the Board's finding as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all journeymen and registered apprentice in the employ of J.M.R. Electric Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and registered apprentice in the employ of J.M.R. Electric Ltd. in all other sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, save and except non-working foremen and persons above the rank of non‑working foreman.
8The vote will be held on October 5, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9The responding party is directed to post copies of the application for certification, the “Notice to Employees of Application for Certification”, this decision and the "Notice of Vote and of Meeting" in a location or locations where they are most likely to come to the attention of those individuals who are eligible to vote.
10All individuals who were employed by J.M.R. Electric Ltd. and at work in the voting constituency on September 28, 2000 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12Any party or person who wishes to make representations to the Board about any issue relating to the application for certification which remains in dispute, other than status disputes, must file a detailed statement of representations and all material facts upon which they rely with the Board and deliver it to the other parties, so that it is received within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 9: Status Disputes in Certification Applications in the Construction Industry.
13This matter is referred to the Registrar.
“John Morgan Lewis”
for the Board