Ontario Labour Relations Board
0535-00-R United Brotherhood of Carpenters and Joiners of America, Applicant v. Jamwood Developments Inc. o/a Surrey Construction, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; May 24, 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.
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 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.
5The applicant claims the appropriate bargaining unit is:
all carpenters, labourers, rodmen and operating engineers employed by the responding party in OLRB geographic area #8 (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 all sectors of the construction industry, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
6The responding party disagrees with the applicant’s bargaining unit description and proposes the following bargaining unit description:
all labourers employed by the responding party in OLRB geographic Area No. 8 (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 all sectors of the construction industry, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above that rank.
7The responding party in its response indicates its correct name as: “Surrey Construction, a Division of Jamwood Developments Inc.”
8If necessary a hearing will be scheduled to determine the appropriate bargaining unit description and the correct name of the responding party.
9The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all carpenters, labourers, rodmen and operating engineers in the employ of Jamwood Developments Inc. o/a Surrey Construction 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.
10The vote will be held on May 26, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
11The responding party is 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 Jamwood Developments Inc. o/a Surrey Construction and at work in the voting constituency on May 16, 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 party.
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.
“Inge M. Stamp”
for the Board