1539-99-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Somerset Management Inc., Responding Party.
1611-99-U Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Somerset Management Inc., Responding Party.
BEFORE: D. L. Gee, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; April 26, 2000
These matters were scheduled to be heard on April 17, 2000. Prior to the commencement of the hearing, the parties entered into Minutes of Settlement resolving all issues in dispute. This decision is issued pursuant to the terms of such Minutes of Settlement.
The style of cause is hereby amended to reflect the correct name of the responding party: "Somerset Management Inc.".
In its decision of August 30, 1999, the Board found the following bargaining unit to be appropriate for collective bargaining:
all construction labourers in the employ of Somerset Management Inc. in all sectors of the construction industry in the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills and that portion of the Town of Milton within the geographic Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham excluding the industrial, commercial and institutional sector, 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.
A certificate will issue to the applicant in it s new name: “Universal Workers Union, L.I.U.N.A. Local 183”.
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.
The Minutes of Settlement stipulate that “upon the issuing of the … Certificate … the union will seek leave of the Board to withdraw its Application under section 96 of the Act”. The certificate has now effectively been issued. Rather than await a formal request from the applicant and then issue a further decision withdrawing Board File 1611-99-U, it is appropriate to deal with it herein. Board File No. 1611-99-U is hereby withdrawn with leave of the Board.
“D. L. Gee”
for the Board