3413-99-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Len Pack Construction Corporation (c.o.b. as The Torchin Group), Responding Party.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; June 20, 2000
The parties have agreed on the identity of the responding party. The style of cause is hereby amended to reflect the correct name of the responding party: "Len Pack Construction Corporation (c.o.b. as The Torchin Group)".
In light of the Board’s decision of Coughlan Homes, Board File No 3039-99-R, dated April 7, 2000, the Board is of the view that it is unnecessary to deal with the question of the sufficiency of the membership evidence. Further, the Board notes that the responding party is taking no position in that regard. No statement of desire to make representations on any other matters has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of February 24, 2000.
In its decision of February 24, 2000, the Board found the following bargaining unit to be appropriate for collective bargaining:
all construction labourers in the employ of The Torchin Group or Len Pack Construction Corporation 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, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
A certificate will issue to the applicant.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“Gail Misra”
for the Board