1649-00-R United Steelworkers of America, Applicant v. Concord Elevator Inc., Responding Party v. International Union of Elevator Constructors, Local 50, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair.
DECISION OF THE BOARD; September 12, 2000
[1]. By decision dated September 8, 2000, the Board directed that a representation vote be taken in this matter on September 13, 2000.
[2]. The Board has now received an intervention filed by the International Union of Elevator Constructors, Local 50. The intervenor notes that it is the bargaining agent for journeymen and apprentice elevator constructors in the employ of the responding party in all sectors of the construction industry excluding the industrial, commercial and institutional sector (ICI) in Board Area 8 and in the ICI sector in the Province of Ontario. The intervenor states that the bargaining unit description in this application should therefore also exclude “journeymen and apprentice elevator constructors”.
[3]. Although the Board notes that the applicant has indicated in its submissions to the Board dated September 8, 2000 that it does not seek to, and is not entitled to, represent employees covered by the intervenor’s certificates and that the parties’ submissions suggest that the responding party does not presently employ any employees that the intervenor represents, there may be an issue between the parties as to whether or not “journeymen and apprentice elevator constructors” should be explicitly excluded from the bargaining unit description. The Board therefore amends paragraph 9 of its September 8, 2000 by replacing it with the following:
- There appears to be a dispute between the parties as to whether or not students, foreperson, journeymen and apprentice elevator constructors should be included in the bargaining unit. If any student or individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
[4]. The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for 30 days.
“Patrick Kelly”
for the Board