Ontario Labour Relations Board
File Nos.: 1587-98-R, 2135-98-U Date: March 13, 2000
Between:
Labourers’ International Union of North America, Local 1081, Applicant v. Folmur Construction Limited, Responding Party.
Before: David A. McKee, Vice-Chair.
DECISION OF THE BOARD
1The Board has received a request to reconsider and vary its decision of March 6, 2000. That decision was issued on the basis of the letter from counsel for the applicant dated March 3, 2000. The letter of March 6, 2000 arrived at the Board’s offices after the decision of that date had been released. The Board treats votes as matters to be dealt with expeditiously. The March 3 letter, while lacking in precision, did contain enough information to enable the Board to act quickly. If the applicant intended to communicate to the Board piecemeal, the least it could do is give some indication of its intention to do so in its first letter to the Board. The decision of March 6, 2000 is revoked and the following substituted therefor.
2Board File 2135-98-U is withdrawn at the request of the applicant. In Board File 1587-98-R the applicant has sought relief under section 11 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (“the Act”). The parties have agreed to request the Board to disregard the results of the first representation vote and to order another representation vote.
3The Board therefore orders that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Folmur Construction Limited in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of Folmur Construction Limited in all other sectors of the construction industry in the Regional Municipality of Waterloo (except that portion of the geographic Township of Beverly annexed by North Dumfries Township), save and except non-working foremen and persons above the rank of non‑working foreman.
4The vote will be held on March 17, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
5The responding party is directed to post copies of the application for certification, the “Notice to Employees of Application for Certification”, this decision and the "Notice of Vote and of Meeting" in a location or locations where they are most likely to come to the attention of those individuals who are eligible to vote.
6All individuals who were employed by Folmur Construction Limited and at work in the voting constituency on July 30, 1998 are eligible to vote.
7Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8Any party or person who wishes to make representations to the Board about any issue relating to the application for certification which remains in dispute, other than status disputes, must file a detailed statement of representations and all material facts upon which they rely with the Board and deliver it to the other parties, so that it is received within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 9: Status Disputes in Certification Applications in the Construction Industry.
9This matter is referred to the Registrar.
“David A. McKee”
for the Board