Ontario Labour Relations Board
Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America, Applicant v. Alcona Aluminum Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; October 20, 2000
Decision
1This is an application for certification filed under the construction industry provisions (Board File No. 3207-99-R) and an application under section 96 (Board File No. 3357-99-U) of the Labour Relations Act, 1995, S.O., 1995, c. 1 (the "Act").
2The parties in this matter entered into the following filed Minutes of Settlement:
MINUTES OF SETTLEMENT
BETWEEN:
Carpenters and allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America (The "Applicant")
-and-
Alcona Aluminum Inc. (The "Responding Party")
WHEREAS the Applicant has filed an Application for Certification forming the subject matter of Board File No. 3207-99-R.
AND WHEREAS the Applicant has filed an Application Under Section 96 of the Act forming the subject matter of Board File No. 3357-99-U.
AND WHEREAS the parties desire to resolve the above-noted applications. Therefore. The parties agree as follows:
- The parties agree to request that the Board amend the bargaining unit description in Board File No. 3207-99-R to read as follows:
All carpenters and carpenters apprentices employed by the responding party in all sectors of the construction industry excluding the industrial, commercial and institutional sector, in the County of Simcoe and in the District Municipality of Muskoka, save and except non-working foreman and persons above the rank of non-working foreman.
The parties agree to request that the Board count the fourteen non-segregated ballots which were cast in the representation vote on February 8, 2000, and not challenged by either party. In the event that more than 50% of the ballots counted are marked in favour of the Applicant, the parties agree that the Board shall issue the Applicant a certificate in respect of the bargaining unit referred to in paragraph 1, above.
The Application Under Section 96 of the Act forming the subject matter of Board File No. 3357-99-U shall be withdrawn.
All other challenges and/or objections in respect to the Application for Certification in Board File No. 3207-99-R are hereby withdrawn.
Dated at Barry this 11th day of October, 2000.
"Steve Wolfreys" "Randall Cibirka" For the Applicant For the Respondent
3Having regard to the Board's decision of February 4, 2000 and the Minutes of Settlement filed the Board hereby amends the bargaining unit description to read as follows:
All carpenters and carpenters apprentices employed by the responding party in all sectors of the construction industry excluding the industrial, commercial and institutional sector, in the County of Simcoe and in the District Municipality of Muskoka, save and except non-working foreman and persons above the rank of non-working foreman.
4The Board directs that the ballot box be opened and the non-segregated ballots be counted.
5The application in Board File No. 3207-99-R is referred to the Manager of Field Services.
6The application in Board File No. 3357-99-U is withdrawn at the request of the applicant.
"Harry Freedman"
for the Board