3587-99-R I.B.E.W. Construction Council of Ontario, Applicant v. Turnay Electric Ltd., Responding Party.
3588-99-R I.B.E.W. Construction Council of Ontario, Applicant v. Bison Electric Incorporated and/or Bison Electrical & Mechanical Inc., Responding Parties.
3589-99-R I.B.E.W. Construction Council of Ontario, Applicant v. Bison Electric Incorporated and/or Bison Electrical & Mechanical Inc., Southwold Diversified Ltd., Turnay Electric Ltd., Responding Parties.
3590-99-R I.B.E.W. Construction Council of Ontario, Applicant v. Southwold Diversified Ltd., Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 14, 2000
1It is apparent to the Board that there was a misperception on its part of the nature of these applications. The last two sentences of paragraph 18 of the March 13, 2000 decision in each of these files are revoked. The following paragraphs are added to each decision.
2Board File 3589-99-R is a combination of the other three files. That is, the applicant has asked the Board to conduct three votes for each individual company (there appears to be no issue that Bison Electric Incorporated and Bison Electrical and Mechanical Inc. are or should be treated as one employer), as well as for a “combined” unit of employees of all three entities. The result it aims for appears to be a set of ballots that can be counted whether the employers are treated separately or as a single employer. There is no overlap between the employee lists of the three individual employers, although one person’s name (Justin Timppson) has been added to the combined list in Board File 3589-99-R which has not been added to the list of any one of the three employers.
3All employees will be given two ballots, one in Board File 3589-99-R and one in the other file in which their name occurs. The ballot boxes will be sealed. However, if the parties agree in writing at the conclusion of balloting:
The parties agree that Southwold Diversified Ltd., Turnay Electric Ltd., Bison Electric Incorporated and/or Bison Electrical & Mechanical Inc. carry on associated or related activities under common control and direction and consent to the Board issuing a declaration that all of them are to be treated as a single employer for the purposes of this application and any consequential application of the Labour Relations Act, 1995.
then it may (depending on the number of challenged ballots) be possible to count the ballots in Board File 3589-99-R. If the parties agree to do so, then the other three ballot boxes shall be sealed and returned to the Board.
4Similarly, if the parties agree to treat all employers as separate entities and agree to withdraw all reference to subsection 1(4) from this application, it may be possible to count the ballots in some or all of the other three files. If the parties agree to do so, the ballot box in Board File 3589-99-R will be sealed and returned to the Board.
5The parties are at liberty to seek to add the name of Justin Timppson to any one of the three individual employer files on the day of the vote.
“David A. McKee”
for the Board