Employees of Metro Railing Ltd. v. Carpenters and Allied Workers Local 27
File No.: 3449-99-R Date: April 10, 2000
Applicant: Employees of Metro Railing Ltd., Angus Hartery (Representative) Responding Party: Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America Intervenor: Metro Railing Ltd.
Before: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
Appearances: Angus Hartery and Laurence Innis for the applicant; Lister Tennant for the responding party; David Conn/Karen Cosgrove, Peter Donato and Dominic Donato for the intervenor.
Decision of the Board
1On the day scheduled for hearing this matter counsel for the responding party, Carpenters and Allied Workers, Local 27, advised the Board that the trade union was withdrawing its challenges in this application to terminate bargaining rights pursuant to section 63(2) of the Labour Relations Act, 1995 (the "Act").
2The letter dated April 3, 2000 advised the Board and the other parties that the trade union withdraws its challenges under section 63(16) of the Act and withdraws its challenge to Mr. Hartley's status.
3At the hearing the Board advised the other parties of the contents of the April 3, 2000 letter and provided them with copies. The hearing commenced at 9:30 a.m. on April 3, 2000. The parties were in agreement that there were no other outstanding issues and the Board directed that the ballots be counted. The ballot box had been sealed pending the determination of the applicant's status and the 63(16) challenges.
4Counsel for the intervenor, Metro Railing Ltd., at the hearing requested the Board terminate both bargaining units described in the certificates issued by the Board granting bargaining rights to the trade union. There was no dispute that the employees affected by this application were covered by a collective agreement between the trade union and the intervenor, expiring February 28, 1999. The bargaining rights being terminated are for the bargaining unit described in that collective agreement which is for all employees of Metro Railings Ltd. working at and out of Metropolitan Toronto, save and except foreman, persons above the rank of foreman, office, sales and clerical employees. Section 63(2) of the Act provides for any of the employees in the bargaining unit defined in the collective agreement may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit during the open period.
5There was no assertion by any of the parties that there were any other employees employed in any other bargaining unit pursuant to any other collective agreement. Specifically both the intervenor and the responding trade union agreed that the parties were signatory to one collective agreement. That collective agreement was in effect from March 1, 1998 until February 28, 2000. A copy of the collective agreement was filed with the Board.
6On 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 opposition to the responding party.
7The Board declares that the responding party no longer represents the employees of Metro Railings Ltd. for whom it has heretofore been the bargaining agent.
8The 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.
9The employer is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
"Inge M. Stamp" for the Board