Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Melody Homes
2360-00-R Universal Workers Union, Labourers’ International Union of North America, Local 183, Applicant v. Melody Homes and/or 809854 Ontario Limited and/or 813253 Ontario Corp. and/or Fairview Estates (Peterborough) Partnership, Responding Parties.
BEFORE: David A. McKee, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; November 15, 2000
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party, although duly served with the application material on November 9, 2000, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure, although one was received from 809854 Ontario Limited Operating as Melody Homes on November 15 at 2:45 p.m. and considered in this decision.
4It 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.
5The responding party asserts the Board is unable to make this determination. It is not clear what the basis of this assertion is. On the basis of the material in this application, the Board has made the finding in paragraph 4 hereof.
6The 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.
7The applicant has applied for a bargaining unit of employees of four employers. The responding party takes the position that there are three separate employers which ought not to be considered one employer pursuant to section 1(4) of the Act. The Board will follow its usual practice with respect to ordering a vote in the widest possible voting constituency and determining the issue at a later date. The responding parties are directed to advise the Board by 12:00 noon on Thursday, November 16 of which employees were employed by which employer.
8The Board further finds that all construction labourers in the employ of any or all of the responding parties 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, in the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, and in the County of Peterborough (except for the geographic Township of Cavan), the County of Victoria (except for the geographic Township of Manvers) and the provisional County of Haliburton, 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.
9Having 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 Melody Homes and/or 809854 Ontario Limited and/or 813253 Ontario Corp. and/or Fairview Estates (Peterborough) Partnership 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, in the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, and in the County of Peterborough (except for the geographic Township of Cavan), the County of Victoria (except for the geographic Township of Manvers) and the provisional County of Haliburton, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
10The vote will be held on November 17, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
11The responding parties are 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.
12All individuals who were employed by Melody Homes and/or 809854 Ontario Limited and/or 813253 Ontario Corp. and/or Fairview Estates (Peterborough) Partnership and at work in the voting constituency on November 9, 2000 are eligible to vote.
13Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding parties.
14Any 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.
15This matter is referred to the Registrar.
“David A. McKee”
for the Board