0170-00-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 759, Applicant v. Groupe Guy Pépin Inc. et ses Divisions, Responding Party.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 17, 2000
Pursuant to the Board's direction of May 3, 2000, a representation vote was taken on May 5 2000.
The Board has received representations dated May 15, 2000 from the responding party. Having considered these representations, we are satisfied that the responding party raised no substantive allegations.
The responding party states it “has some concerns about how the vote in question was conducted” but makes no specific allegation. For that reason, the Board will issue a final decision in this matter without a hearing.
In its decision of May 3, 2000, the Board found the following bargaining unit to be appropriate for collective bargaining:
all iron workers and iron worker apprentices in the employ of Groupe Guy Pépin Inc. et ses Divisions in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all iron workers and iron worker apprentices in the employ of Groupe Guy Pépin Inc. et ses Divisions in all other sectors of the construction industry in the District of Thunder Bay, 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 International Association of Bridge, Structural and Ornamental Iron Workers and the Iron Workers District Council of Ontario in respect of all iron workers and iron worker apprentices in the employ of Groupe Guy Pépin Inc. et ses Divisions 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 iron workers and iron worker apprentices in the employ of Groupe Guy Pépin Inc. et ses Divisions in all sectors of the construction industry in the District of Thunder Bay , 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.
“Gail Misra”
for the Board