1460-99-R International Brotherhood of Electrical Workers, Local 353, Applicant v. Elco-Tech Inc., Responding Party.
1720-99-U International Brotherhood of Electrical Workers, Local 353, Applicant v. Elco-Tech Inc., Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; February 2, 2000
1These are related matters which were scheduled for hearing January 31 and February 1, 2000. Board File No. 1460-99-R is an application for certification in which a vote has been held pursuant to the Board’s decision of August 19, 1999. Board File No. 1720-99-U is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) requesting certain remedies including a second representation vote under section 11 of the Act.
2The parties met with a Labour Relations Officer and reached agreement on all issues in dispute. The parties further agreed to certain conditions under which a second representation vote will be held.
3Pursuant to section 11 of the Act and the agreement of the parties, the Board directs a second representation vote. The Board in its decision of August 19, 1999 in paragraph 5 found the following unit of employees to be an appropriate bargaining unit pursuant to section 158(1) of the Act:
all journeymen and electrical apprentices in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and electrical apprentices in the employ of the responding party in all other sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin; 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; and Prince Edward County, the geographic Townships of Lake, Tudor and Grimsthorpe and all lands south thereof in the County of Hastings, and the geographic Townships of Percy and Cramahe and all lands east thereof in the County of Northumberland, save and except non-working foremen and persons above the rank of non-working foreman.
4The parties agreed the following individuals are eligible to vote:
Ciuba, Marek
Gacek, Jan
Khabarov, Vladimir
Mlynarski, Wieslaw
Mysliwiec, Jozepf
Troczynski, Boleslaw
Walodarczyk, Waldemar
5The vote will be held on February 15, 2000. Vote arrangements are set out on the attached “Notice to Employees of Application and of Vote”.
6The parties agreed that the Board direct the posting of the attached “Notice to Employees” which sets out their rights under the Act. The responding party is directed to post a copy of this decision together with the attached Notice and the Notice to Employees of Vote in a location or locations where they are most likely to come to the attention of the persons listed in paragraph 4 above.
7Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8The matter is referred to the Registrar.
“Inge M. Stamp”
for the Board
Appendix “A”
The Labour Relations Act, 1995
NOTICE TO EMPLOYEES
Posted by order of the Ontario Labour Relations Board
Employees in Ontario have these rights which are protected by law:
An employee has the right to join a trade union of his or her own choice and to participate in its lawful activities.
An employee has the right to oppose a trade union, or subject to the union security clause in the collective agreement with his or her employer, refuse to join a trade union.
An employee has the right to cast a secret ballot in favour of, or in opposition to, a trade union if the Ontario Labour Relations Board directs a representation vote.
An employee has the right not to be discriminated against or penalized by an employer or by a trade union because he or she is exercising rights under the Labour Relations Act, 1995.
An employee has the right not to be penalized because he or she participated in a proceeding under the Labour Relations Act, 1995.
An employee has the right to remain neutral, to refuse to sign documents opposing the union or to refuse to sign a union membership card.
It is unlawful for employees to be fired or in any way penalized for the exercise of these rights. If this happens, a complaint may be filed with the Ontario Labour Relations Board.
It is unlawful for anyone to use intimidation to compel someone else to become or refrain from becoming a member of a trade union, or to compel someone to refrain from exercising rights under the Labour Relations Act, 1995.