3760-9-R Ontario Pipe Trades Council, Applicant v. Rodco Mechanical Inc., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and A Haward.
DECISION OF THE BOARD; March 22, 2000
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 c. 1 as amended (the "Act").
The Board has been unable to locate in a search of its files a Board decision in which the applicant has been found to be a trade union within the meaning of the Act. Thus, it appears that the applicant has not established in a previous Board proceeding that it is a trade union within the meaning of section 1(1) or 126 of the Act. The Board’s records do indicate that the Board in KMT Technical Services Inc., [1993] OLRB Rep. April 344 found that the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada was a trade union within the meaning of the Act. It is not clear from that decision whether the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada was, on its own, found to be a trade union under the Act. In any event, the applicant in this case is the Ontario Pipe Trades Council. Whether the applicant and the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada are one and the same is a matter that can be dealt with at the same time that the applicant establishes that it is a trade union under the Act. Therefore, the applicant will be required to prove at the appropriate time that it is a trade union within the meaning of sections 1 (1) and 126 of the Act.
The responding party was served with the application material on March 17, 2000, according to the certificate of delivery and the affidavit of service of Frank Temprile filed by the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
The membership evidence filed by the applicant states that each employee who signed the membership evidence is applying “… for membership in the Ontario Pipe Trades Council and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local …”. It is clear therefore that the membership evidence filed is evidence of membership in the applicant.
Also, all of the membership evidence filed by the applicant makes reference to local unions which the applicant alleges are constituent members the applicant, which asserts that it is a council of trade unions. All but one of the documents filed by the applicant as membership evidence indicate on their face that they were signed in and after November 1999. One membership evidence document indicates it was signed in September, 1999. There is no basis in our opinion to disregard any of the membership evidence filed by the applicant. Therefore, the Board is satisfied 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 appear to be members of the applicant at the time the application was made.
Assuming for purposes of this decision and subject to the applicant establishing that it is a trade union with the meaning section 126 of the Act and either an affiliated bargaining agent or an employee bargaining agency within the meaning of section 151 of the Act, the Board shall proceed as if 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.
The Board further finds, pursuant to section 158(1) of the Act, that all journeymen plumbers, pipefitters and steamfitters and apprentice plumbers, pipefitters and steamfitters 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 plumbers, pipefitters and steamfitters and apprentice plumbers, pipefitters and steamfitters 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, the Regional Municipality of Niagara and that portion of the Regional Municipality of Haldimand-Norfolk coming within the former County of Haldimand, the Regional Municipality of Waterloo, the County of Wellington, the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville, Halton Hills, Milton, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, the Regional Municipality of Hamilton‑Wentworth and the City of Burlington, 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.
Having 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 plumbers, pipefitters and steamfitters and apprentice plumbers, pipefitters and steamfitters in the employ of Rodco Mechanical Inc. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen plumbers, pipefitters and steamfitters and apprentice plumbers, pipefitters and steamfitters in the employ of Rodco Mechanical Inc. in all other sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, the Regional Municipality of Niagara and that portion of the Regional Municipality of Haldimand-Norfolk coming within the former County of Haldimand, the Regional Municipality of Waterloo, the County of Wellington, the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville, Halton Hills, Milton, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, the Regional Municipality of Hamilton‑Wentworth and the City of Burlington, save and except non-working foremen and persons above the rank of non‑working foreman.
The vote will be held on March 24, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The responding party purported to give notice under section 8.1 of the Act. Section 8.1 of the Act does not apply to applications for certification filed under the construction industry provisions of the Act. See Bayview-Wellington Construction Inc., [1999] OLRB Rep. Nov./Dec. 954.
The 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.
All individuals who were employed by Rodco Mechanical Inc. and at work in the voting constituency on March 17, 2000 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
Any 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.
This matter is referred to the Registrar.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board