International Union of Operating Engineers, Local 793 v. Lafarge Canada Inc. o/a Ready Mix
1212-00-R International Union of Operating Engineers, Local 793, Applicant v. Lafarge Canada Inc. o/a Ready Mix, Responding Party.
BEFORE: Timothy W Sargeant, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; July 27, 2000
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the "Act").
3It 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.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the Responding Party, Lafarge Canada Inc. o/a Ready Mix, employed at Ready Mix Plant #460 located at 275 Saunders Road in the City of Barrie, save and except foremen, persons above the rank of foremen, office and clerical staff, sales staff, batcher and quality control staff, and dispatchers.
5The applicant has asked that this vote be conducted prior to the Board's normal practice of scheduling votes on the fifth day after the application was filed. The applicant alleges that it fears that "upon filing the instant application for certification, the Responding Party will again engage in unlawful conduct in an attempt to defeat the Applicant's organizing drive". The applicant therefore asked that the vote be conducted prior to the weekend. The responding party "notes that the Applicant's claims are unsubstantiated and vehemently denies these claims". Having consider the submissions the Board is not prepared to vary its normal practice of scheduling the vote on the fifth day after the application was filed. Therefore the vote will be held on July 31, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on July 24, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 24 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
7There may be a dispute between the parties as to the proper name of the responding party.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board 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. 4: Status Disputes in Certification Applications (Non-Construction).
11The matter is referred to the Registrar.
"Timothy W. Sargeant"
for the Board