International Brotherhood of Electrical Workers, Local 1739 v. N.S.E. 2000 Inc., North Simcoe Electrical Contracting Limited, North Simcoe Electric 2000 Inc.
2996-99-R International Brotherhood of Electrical Workers, Local 1739, Applicant v. N.S.E. 2000 Inc., North Simcoe Electrical Contracting Limited, North Simcoe Electric 2000 Inc., Responding Party.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; January 14, 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 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 December 12, 1977, the designated employee bargaining agency is the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario.
3The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4Assuming without so finding that the responding parties constitute a single employer for the purposes of the Act, it 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 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.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all electricians and electricians’ apprentices in the employ of N.S.E. 2000 Inc., North Simcoe Electrical Contracting Limited, North Simcoe Electric 2000 Inc. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all electricians and electricians’ apprentices in the employ of N.S.E. 2000 Inc., North Simcoe Electrical Contracting Limited, North Simcoe Electric 2000 Inc. in all other sectors of the construction industry in the County of Simcoe and the District Municipality of Muskoka, save and except non-working foremen and persons above the rank of non-working foreman.
7The vote will be held on January 18, 2000 . Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
8An issue exists as to whether the named responding parties constitute a single employer for the purposes of the Act. As a result, all ballots will be segregated and the ballot box will be sealed.
9The 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.
10All individuals who were employed by N.S.E. 2000 Inc., North Simcoe Electrical Contracting Limited, North Simcoe Electric 2000 and at work in the voting constituency on January 10, 2000 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12Any 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.
13This matter is referred to the Registrar.
“D. L. Gee”
for the Board