Labourers’ International Union of North America, Local 506 v. Yukon Construction Inc.
1617-00-R Labourers’ International Union of North America, Local 506, Applicant v. Yukon Construction Inc., Responding Party v. United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; November 1, 2000
1This is an application for certification in the construction industry. The Labourers International Union of North America, Local 506 (the “Labourers”) seek to be certified to represent all construction labourers in the employ of the responding party in the ICI sector and in all other sectors in Board Area 8.
2The United Brotherhood of Carpenters and Joiners of America (the “Carpenters”) seek to intervene on the basis that they hold bargaining rights for construction labourers outside the ICI sector. The Labourers assert that the Carpenters did not have the right to represent the employees at the time they entered into the voluntary recognition agreement, and in any event, the agreement on which the Carpenters rely is unlawful because it purports to cover the ICI sector and the Carpenters have been applying it to the ICI sector.
3The Board directed a vote, with the segregation of all ballots and sealing of the ballot box. Numerous challenges to the eligibility of voters were made by the Carpenters. By letter dated October 6, 2000, the Carpenters conceded all challenges but 1, that is #20 on the list. However, the Carpenters maintain that the ballots should not be counted until the status of #20 is resolved.
4In the Board's view, the ballots should be counted. There are a number of issues that could be litigated, and we suspect that the status of #20 would be well down the schedule of issues to be heard. We find that counting of ballots can bring clarity to the parties' litigation positions.
5This matter is referred to the Director of Field Services. The Board directs that ballots 5, 6, 7, 8, 11 and 12 be counted. Ballot #20 shall remain segregated. The remaining ballots shall be destroyed.
6By letters dated September 15, 2000 and October 3, 2000, counsel for the Labourers has requested that the Board order the Carpenters to produce in advance of the hearing, all the documents they rely on to establish their right to enter into the voluntary recognition agreement. It is our view that Rule 36 of the Board' Rules of Procedure address this issue, and there is no need to make an order.
7In addition, the Labourers seek production of payroll and other documents that establish which employees were working pursuant to which collective agreements on the date of the Labourers' application for certification. The Labourers' letter does not make clear whether production is being sought from the Carpenters or from the responding party. Once the ballots are counted, and in the event that the parties are not able to make sensible arrangements about document exchange, the Labourers may make a more focused and particularized request for production.
8This panel is not seized.
“Mary Ellen Cummings”
for the Board