International Brotherhood of Electrical Workers, Local 586 v. Comco Electric Limited

3629-99-R International Brotherhood of Electrical Workers, Local 586, Applicant v. Comco Electric Limited, Responding Party.

BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members G. Pickell and

A. Haward.

APPEARANCES: Robert Monti, Andre Kingsley, Chris Pleau, Louis Pauzé an dJed Harrison for the applicant; J.D. Sharp, Barbara Adamski, Richard Lacroix and Brian Desloges for the responding party.

DECISION OF THE BOARD; July 14, 2000

1. This is an application for certification under the construction industry provisions of the Labour Relations Act, 1995 (the “Act”).

2. The application was filed on March 9, 2000. The responding party filed its responding materials on March 14, 2000. By decision dated March 15, 2000, the Board (differently constituted) directed that a representation vote be taken in the following voting constituency:

all journeymen and apprentice electricians and journeymen and apprentice linemen in the employ of Comco Electric Limited in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and apprentice electricians and journeymen and apprentice linemen in the employ of Comco Electric Limited in all other sectors of the construction industry in the Regional Municipality of Ottawa-Carleton, and the United Counties of Prescott and Russell, save and except non-working foremen an persons above the rank of non-working foreman.

3. The description of the bargaining unit was agreed upon by the parties. In accordance with the Board’s Rules of Procedure, the responding party filed a list containing the names of individuals who were employed in the bargaining unit on March 9, 2000, the application date. The list initially contained six names but the parties agreed that one individual contained on the list was not an employee of the responding party for the purposes of this application.

4. The representation vote was held on March 17, 2000 as directed by the Board. The applicant challenged Brian Desloges, Richard Lacroix and Miroslaw Rogulski on the basis that they were not performing bargaining unit work on the date of application.

5. A hearing in this matter took place on June 27, 28 and July 12, 2000. After hearing the evidence and closing arguments of the parties, the Board reserved in issuing a decision. The Board advised the parties that it would issue a “bottom line decision” in a few days with reasons to follow at a later date. This is the Board’s “bottom line” decision.

6. Having considered the evidence, both oral and documentary, and the submissions from counsel, the Board finds that Brian Desloges, Richard Lacroix and Miroslaw Rogulski were not performing bargaining unit work in the employ of the responding party on the date of application. Accordingly their ballots cast in the representation vote are not to be counted.

7. In its decision of March 15, 2000, the Board found the following bargaining unit to be appropriate for collective bargaining:

all journeymen and apprentice electricians and journeymen and apprentice linemen in the employ of Comco Electric Limited in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and apprentice electricians and journeymen and apprentice linemen in the employ of Comco Electric Limited in all other sectors of the construction industry in the Regional Municipality of Ottawa-Carleton, and the United Counties of Prescott and Russell, save and except non-working foremen an persons above the rank of non-working foreman.

8. 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.

9. 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:

10. (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 journeymen and apprentice electricians and journeymen and apprentice linemen in the employ of Comco Electric Limited 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.

10. Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all journeymen and apprentices electricians and journeymen and apprentice linemen in the employ of Comco Electric Limited in all sectors of the construction industry in the Regional Municipality of Ottawa-Carleton, and the United Counties of Prescott and Russell, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.

11. 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.

12. 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.

“John Morgan Lewis”

for the Board