Ontario Labour Relations Board
2015-00-R International Brotherhood of Electrical Workers, Local 773, Applicant v. TBT Electric Ltd., Responding Party.
BEFORE: David A. McKee, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; November 24, 2000
Pursuant to the Board's direction of October 13, 2000, a representation vote was taken on October 17, 2000.
The Board has received representations dated November 8 & 10, 2000 from the applicant and the responding party. Having considered these representations, we are satisfied that the responding party has raised no allegations which, even if proved true, would change the result of the application.
In all, five ballots were cast. Three voters were unchallenged. The ballots of the other two were segregated. Of the three unchallenged votes cast, all of them were in favour of the union. Since the outcome of the vote could not be changed by the resolution of the two challenges, the Board will not inquire into the validity of them. Similarly, the Board will not inquire into the basis of the decision by both parties not to challenge one of the employees who did vote.
The Board would remind the parties that the Board has made no determination with respect to whether or not the two challenged individuals were or were not in the bargaining unit. Even if it had done so, such determination is only as of the application date, October 10, 2000. The decision to issue a certificate only defines the union’s bargaining rights (and in the ICI sector makes the Provincial Collective Agreement binding). It says nothing about the identity of the individuals in the bargaining unit or who is covered by a collective agreement on the day the certificate is issued or at any time in the future.
Counsel for the responding party questioned why she had not been sent the notice of the vote. The Board compiles its distribution list from the application and the response, not from the covering letter. The responding party will be served at any and all addresses listed in paragraph 1(c) of the response, but no other.
In its decision of October 13, 2000, the Board found the following bargaining unit to be appropriate for collective bargaining:
all electricians and electricians’ apprentices 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 electricians and electricians’ apprentices in the employ of the responding party in all other sectors of the construction industry in the Counties of Essex and Kent, save and except non-working foremen and persons above the rank of non-working foreman.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
Section 160(1) of the Act, which states as follows, provides for the issuance of more than one certificate if the applicant has the requisite support:
(1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
Therefore, pursuant to section 160(1) of the Act, a certificate will issue to the applicant affiliated bargaining agent on its own behalf and on behalf of all other affiliated bargaining agents of the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario in respect of all electricians and electricians’ apprentices in the employ of TBT Electric Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non‑working foreman.
Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all electricians and electricians’ apprentices in the employ of TBT Electric Ltd. in all sectors of the construction industry in the Counties of Essex and Kent, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“David A. McKee”
for the Board