Ontario Labour Relations Board
3150-99-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Diamante Urban Corporation, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; January 27, 2000
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
The responding party filed a response. The responding party asserts there were no employees at work in the bargaining unit proposed by the applicant on the application date. The responding party disagreed with the bargaining unit description but did not propose any bargaining unit description. It is the responding party’s position there are no employees, it is not necessary to hold a vote and there is no need to post notices to employees.
The responding party gave notice under section 8.1. The Board in paragraph 42 of Bayview-Wellington Construction Inc. and/or Bayview-Wellington Homes Inc. (Board File No. 4395-98-R) decision dated November 10, 1999 as yet unreported, makes the following comments:
We are left, then, with the section which, as indicated above, must be applied in its entirety or not at all. Although most of the provisions of section 8.1 could be read to apply to a construction application, some do not fit entirely, and the final step in subsection (5) paragraph 8ii is clearly impossible to apply to a Construction Application. Accordingly, I conclude that section 8.1 does not apply to a Construction Application.
The vote is conducted pursuant to section 8(3) of the Act which requires the Board to direct the vote based only on the information provided by the applicant.
The responding party is directed to comply with the Board’s Rules and post the Notices to Employees immediately upon receipt of this decision in a location or locations where they will come to the attention of construction labourers who may be working at the site at the northeast corner of Bay Street and College Street in Toronto.
Pursuant to the construction industry provisions of the Act the applicant’s bargaining unit description is an appropriate non-ICI bargaining unit.
It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
The Board further finds that all construction labourers in the employ of the responding party 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, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman, constitute a unit of employees of the responding party appropriate for collective bargaining.
Having regard to the Board's finding as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Diamante Urban Corporation 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, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
The vote will be held on January 31, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
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. These copies must remain posted for 30 days.
All individuals who were employed by Diamante Urban Corporation and at work in the voting constituency on January 24, 2000 are eligible to vote.
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.
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.
Prior to any certificate issuing in favour of this applicant, it will be required to establish that it is a trade union within the meaning of sections 1(1) and 126 of the Act. It appears the applicant’s trade union status issue is outstanding in another certification application before the Board (Board File No 3039-99-R). To date the applicant has not been found to be a trade union pursuant to subsection 1 of section 1 of the Act.
This matter is referred to the Registrar.
“Inge M. Stamp”
for the Board