1242-00-R Construction Workers Local 52 affiliated with the Christian Labour Association of Canada, Applicant v. Valleywood Air Systems Inc., Responding Party v. Sheet Metal Workers’ International Association Local Union 285, Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 17, 2000
1This is an application for certification in the construction industry. By decision dated July 31, 2000, the Board determined the following unit as appropriate for collective bargaining:
all sheet metal workers and sheet metal worker apprentices in the employ of Valleywood Air Systems 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, save and except non-working foremen and persons above the rank of non-working foreman.
2The intervenor alleges that it has bargaining rights, acquired through a voluntary recognition agreement executed six days prior to this application for certification.
3The Board directed that a representation vote be held, and that the ballots be counted. The applicant was successful in the vote.
4None of the parties has filed submissions subsequent to the vote. However, it appears that the validity of the intervenor’s voluntary recognition agreement is at issue. This is a case that the Board believes may be resolved in the basis of written submissions. The intervenor is directed to deliver to the other parties, and file with the Board, any material or submissions it relies on to support its voluntary recognition agreement. The intervenor is not required to disclose membership evidence to the other parties. The intervenor must deliver and file its submissions no later than August 25, 2000. The applicant and the responding party must deliver and file their submissions no later than September 8, 2000. The intervenor may file and deliver a reply no later than September 15, 2000. Again, we emphasize that the Board may decide the issue of the validity of the voluntary recognition agreement on the basis of the submissions.
5The Registrar is directed to place those submissions before this panel of the Board, if practical.
6In the event an oral hearing is required, it will take place on October 10, 2000, commencing at 9:30 a.m. in the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.
“Mary Ellen Cummings”
for the Board