4861-97-R Labourers’ International Union of North America Local 183, Applicant v. Mason Homes Limited, Responding Party.
0248-98-U Labourers’ International Union of North America Local 183, Applicant v. Mason Homes Limited, Responding Party.
0078-99-U Labourers’ International Union of North America Local 183 and Hugh Peddle, Applicant v. Mason Homes Limited and Gordon Mason, Responding Parties.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; June 30, 2000
1These matters are an application for certification pursuant to the construction industry provisions of the Labour Relations Act, 1995 (the “Act”) and two applications pursuant to section 96 of the Act.
2A representation vote was conducted in connection with the application for certification on March 24, 1998. Following the vote, all but one ballot was counted. The Board then conducted hearings into whether the individual who cast the uncounted ballot was entitled to vote. By decision dated November 3, 1999, the Board determined that the individual was entitled to vote. By decision dated February 1, 2000, the Board ruled that it would not open a single ballot as to do so would reveal the wishes of the individual who cast such ballot. The Board ruled that a second representation vote must be held. By decision dated May 24, 2000, the Board ruled that it would not allow the responding party to add names to the list after the conduct of the first representation vote. These matters were then relisted for hearing in order for the Board to hear the two applications pursuant to section 96.
3Prior to the resumption of the hearing, the parties entered into Minutes of Settlement pursuant to which the applicant agrees to the Board dismissing the applications pursuant to section 96 and the parties agree to the conduct of a second representation vote to be held on Friday, July 7, 2000.
4The parties have further agreed that the following individuals are entitled to vote:
Rick Ashton
Mike Little
Hugh Peddle
Frank Rizza
5Having regard to the Minutes of Settlement and the Board decisions rendered in connection with these matters to date, the Board hereby directs that a representation vote be taken of the following individuals:
Rick Ashton
Mike Little
Hugh Peddle
Frank Rizza
6The vote will be held on Friday, July 7, 2000. Vote arrangements are set out on the attached “Notice of Vote”.
7The responding party is directed to post copies of this decision and the Notice of Vote in a location or locations where they are most likely to come to the attention of those individuals who are entitled to vote. These copies must remain posted for 30 days.
8Voters will be asked whether they wish to be represented by the applicant in their employment relations with the responding party.
9Any party or person who wishes to make representations to the Board about any issue relating to the application for certification which remains in dispute must file a detailed statement of representations and all material facts upon which they rely with the Board and deliver it to the other party, 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.
10Board File Nos. 0248-98-U and 0078-99-U are hereby dismissed.
11Board File No. 4861-97-R is referred to the Registrar.
“D. L. Gee”
for the Board