Bricklayers, Masons Independent Union of Canada, Local 1 v. Neivex Masonry Inc.

0715-97-R Bricklayers, Masons Independent Union of Canada, Local 1, Applicant v. Neivex Masonry Inc., Responding Party.

BEFORE: David A. McKee, Vice-Chair.

DECISION OF THE BOARD; April 18, 2000

1. This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 S.O. 1995, ch. 1 (the “Act”). One representation vote has already been held. The application has been the subject of a number of decisions, including a decision that the responding party violated the Act and that a second vote ought to be held. This matter was listed for hearing to deal with a number of issues as set out in the decision of this Board (differently constituted) dated May 21, 1999.

2. On April 17, the day set for hearing, the parties entered into an agreement which provides as follows:

INTERIM AGREEMENT

1. The parties agree to a second vote to be held on Thursday, April 27, 2000 from 7:30 to 8:30 a.m. at St. Joseph Catholic Elementary School, Liberty Street and Highway 401 (on Parkway Crescent), Bowmanville.

2. Eligible voters shall consist of the original voters’ list in the first vote. The Company reserves the right to challenge an individual known to the Company as Jose Paiva if he votes. If this individual vote is challenged, all the ballots shall be sealed and this Board shall hear the challenge issue on May 10, 2000 (or as otherwise agreed by the parties). In any event, the Labourers’ ballots shall be segregated from the Bricklayers’ ballots, without prejudice to any parties’ position.

3. The Union does not require a posting of the violation by the Company or access to the employees at the employer’s expense.

4. If the Union wins the vote, the union will file written submissions concerning the appropriateness of the bargaining unit within 10 days of receipt of the vote results in writing. The Company will respond within 10 days after receiving the Union’s submissions. The Union will reply within 10 days of receiving the Company’s submissions.

5. The Company will advise the Union after the vote as to whether it is pursuing its argument respecting the relationship between the applicant and Local 183 of the Labourers’ International Union of North America, and if so, it shall request the Board to hold a hearing into this matter. The Board will hear and determine the issue prior to finally disposing of the Application, if requested by the Company.

6. No panel of the Board is seized.

Dated at Toronto this 16^th[sic] day of April, 2000.

3. Having regard to the agreement of the parties, the Board directs that a representation vote be taken of the individuals in the following voting constituency:

all construction labourers and all journeymen and apprentice bricklayers in the employ of Neivex Masonry Inc. in all sectors of the construction industry in the Municipality of Metropolitan 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, save and except non-working foremen and persons above the rank of non-working foreman.

4. The vote will be held on April 27, 2000. The vote arrangements will be those agreed to by the parties.

5. The 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.

6. All individuals whose names appear on the original voters’ list in this application are eligible to vote.

7. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.

8. Any 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.

9. This matter is set for hearing on Wednesday, May 10, 2000 at the “Boardroom”, 505 University Avenue, Toronto, commencing at 9:30 a.m. If there is in fact no challenge made to any voter at the time of the vote, the parties are directed to advise the Registrar immediately that this day will not be required.

10. I am seized for the purpose of determining any issue which may arise from any challenge to a voter made on April 27, 2000, to be heard if necessary on May 10, 2000, and for the purpose of dealing with the written submissions referred to in paragraph 4 of the parties’ Interim Agreement.

“David A. McKee”

for the Board