Court File and Parties
File No.: 3658-99-R Date: March 17, 2000 Ontario Labour Relations Board
Applicant: International Union of Operating Engineers, Local 793 Responding Parties: Link-Line Construction Ltd., Link-Line Boring Inc.
Before: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
Decision of the Board
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 and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on July 13, 1978, the designated employee bargaining agency is the International Union of Operating Engineers and Local 793 of the International Union of Operating Engineers.
3The responding parties have filed a response. It alleges that Link-Line Construction Ltd. and Link-Line Boring Inc. are "related employers" who should be treated as one employer for all purposes of the Act. At the request of the responding party, Link-Line Boring Inc. is added as a responding party. THE BOARD HAS MADE NO DETERMINATION AS TO WHETHER THIS APPLICATION WILL HAVE ANY EFFECT ON THE EMPLOYEES OF LINK-LINE BORING INC. However, so that the issue may be pursued, all employees of both Link-Line Construction Ltd. and Link-Line Boring Inc. will be entitled to vote in this application. All ballots will be segregated and the ballot box will be sealed.
4The responding parties also refer to section 8.1 which does not apply to applications for certification in the construction industry: Bayview-Wellington Homes Ltd., [1999] OLRB Rep. Nov. 954.
5It 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.
6The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
7The Board further finds, pursuant to section 158(1) of the Act, that all employees of the responding parties in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all employees of the responding parties in all other 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 engaged in the operation of cranes, shovels, bulldozers or similar equipment, and those primarily engaged in the repairing and maintaining of same, and employees engaged as surveyors, save and except non-working forepersons and persons above the rank of non-working foreperson, constitute a unit of employees of the responding parties appropriate for collective bargaining.
8Having 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 employees of either Link-Line Construction Ltd. or Link-Line Boring Inc. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all employees of either Link-Line Construction Ltd. or Link-Line Boring Inc. in all other 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 engaged in the operation of cranes, shovels, bulldozers or similar equipment, and those primarily engaged in the repairing and maintaining of same, and employees engaged as surveyors, save and except non-working forepersons and persons above the rank of non-working foreperson.
9The vote will be held on March 21, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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.
11All individuals who were employed by Link-Line Construction Ltd. or Link-Line Boring Inc. and at work in the voting constituency on March 10, 2000 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding parties.
13Any 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.
14This matter is referred to the Registrar.
"David A. McKee" for the Board