Labourers’ International Union of North America, Local 506 v. Chem-Seal Tec. Corporation
File No.: 3403-99-R Date: February 24, 2000
Before: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
Decision of the Board
1This 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”). This application was filed on February 18, 2000.
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 21, 1978, the designated employee bargaining agency is the Labourers’ International Union of North America and the Labourers’ International Union of North America, Ontario Provincial District Council.
3The responding party, although duly served with the application material on February 18, 2000, according to the Certificate of Delivery filed by the applicant failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4There was an irregularity in one document purporting to be membership evidence filed by the applicant. That document was not actually signed by the person in respect of whom it purported to relate, although it did have the signature of a witness which does suggest that the membership document may have been witnessed before it was to have been signed. Furthermore, the Declaration Verifying Membership Evidence (Form A-74) filed by the applicant stated in paragraph 3:
“3. On the basis of my personal knowledge or inquiries I have made, the documents were signed by the employees indicated on the documents, except in the following instances:
No exceptions”
We note that the signature of the witness on the membership document that did not have the signature of the person to whom it purported to relate was the same signature that appeared on the Form A-74 declaration. Even though the Board will disregard that one membership document because it does not meet the requirements of Rule 132 of the Board’s Rules of Procedure, the Board is prepared to consider the remaining documents comprising the membership evidence filed by the applicant pursuant to section 7(13) of the Act to make the determination required by section 159(2) of the Act.
5The 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.
6The 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.
7The Board further finds, pursuant to section 158(1) of the Act, that all construction labourers in the employ of the responding party engaged in the erection of finishing of pre-cast concrete products in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of the responding party engaged in the erection and finishing of pre-cast concrete products in all other sectors of the construction industry in the City of 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 Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, 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.
8Having 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 construction labourers in the employ of Chem-Seal Tec. Corporation engaged in the erection and finishing of pre-cast concrete products in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of Chem-Seal Tec. Corporation engaged in the erection and finishing of pre-cast concrete products in all other sectors of the construction industry in the City of 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 Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, save and except non-working foremen and persons above the rank of non‑working foreman.
9The vote will be held on February 28, 2000 . Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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.
11All individuals who were employed by Chem-Seal Tec. Corporation and at work in the voting constituency on February 18, 2000 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13Any 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.
14This matter is referred to the Registrar.
15This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board