Labourers’ International Union of North America v. Azor Woodworking Ltd.
0922-00-R Labourers’ International Union of North America, Applicant v. Azor Woodworking Ltd., Responding Party.
BEFORE: M. A. Nairn, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; July 19, 2000
1This is an application for certification in the construction industry. The applicant has applied for a bargaining unit comprised of all carpenters and carpenters apprentices in the employ of the responding party in Board Area 8 in all sectors of the construction industry other than the ICI sector. The work identified as giving rise to the application is trim carpentry.
2No response was filed. By decision dated June 28, 2000 a vote was ordered. That vote was held on June 30, 2000. The responding party participated in the vote. The ballots were counted and, based on that count, it would appear that the applicant is entitled to be certified for the bargaining unit sought.
3However on a review of the file, there is no indication that the Notice to Employees of the Application for Certification, Construction Industry (Form C-33) has ever been posted for the benefit of employees affected by the application. The Registrar of the Board provided notice of that requirement to the applicant and the responding party in the Confirmation of Filing and Delivery of Application (Form B-59) sent on June 27, 2000. Similarly there is no indication that the Notice of Vote and of Meeting or the Board’s decision dated June 28, 2000 were posted as required. Finally there is no indication that the Notice of Report of Board Officer (Form B-80) was posted for the benefit of employees affected.
4Three job sites were identified in the application for certification. Posting of these notices to employees is more than a mere formality. Absent a posting by an employer, the Board can authorize a Labour Relations Officer to attend on site in order to ensure that notice of the application and of the vote is properly available for the attention of employees. There is a concurrent obligation on applicants and responding parties to advise the Board whether or not the postings have been effected.
5In the circumstances we hereby direct the responding party to post copies of (1) the application for certification, (2) a copy of this decision, and (3) a copy of the Notice attached to this decision as Appendix “A”, in a location or locations where they are most likely to come to the attention of employees affected by the application. These copies are to remain posted for 15 days. The responding party and the applicant are directed to advise the Registrar of the date and time of posting through use of the Confirmation of Posting form (Form A-76).
6Once the posting of this material has been confirmed and the time limit for the posting has expired, the Board will deal with this application on the basis of the material then before it.
7This panel is not seized.
“M. A. Nairn”
for the Board