United Brotherhood of Carpenters and Joiners of America v. Intracorp Developments Ltd.
0461-00-R United Brotherhood of Carpenters and Joiners of America, Applicant v. Intracorp Developments Ltd., Responding Party v. Universal Workers Union, Labourers’ International Union of North America, Local 183, Intervenor.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 15, 2000
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Universal Workers Union, Labourers’ International Union of North America, Local 183, intervenes in this application as it asserts that it represents all persons who could be affected by this application. It has a collective agreement with the responding party which is effective until April 30, 2001. The intervenor also asserts that the job site the applicant has cited is not an I.C.I. job site.
3The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on April 10, 1980, the designated employee bargaining agency is the United Brotherhood of Carpenters and Joiners of America and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.
4The responding party has given timely notice under section 8.1 of the Act as it disagrees with the bargaining unit description the applicant is seeking and with the number of employees the applicant asserts were at work on the date of application. The responding party also indicates it has a subsisting collective agreement with the intervenor which covers the employees the applicant is seeking to represent.
5It 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.
6The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
7The applicant is seeking a bargaining unit description which includes Board Areas 8, 9, 18, 26, 27 and 28. However it has only listed one job site on the date of application, located in Board Area 8. The Board therefore declines to order a vote in a voting constituency in any area other than Board Area 8.
8The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all carpenters and carpenters’ apprentices in the employ of Intracorp Developments Ltd., in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all carpenters and carpenters’ apprentices in the employ of Intracorp Developments Ltd., in all other 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.
9The vote will be held on May 17, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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.
11All individuals who were employed by Intracorp Developments Ltd. and at work in the voting constituency on May 10, 2000 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party. In light of the issues outstanding in this application and since the responding party has made a timely section 8.1 application, the ballot box will be sealed unless the parties agree or the Board orders otherwise. All outstanding issues will be dealt with at a hearing, should one be necessary.
13Any 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.
14This matter is referred to the Registrar.
“Gail Misra”
for the Board