3800-99-R Industrial Wood & Allied Workers of Canada (IWA-Canada), Applicant v. Commonwealth Plywood Co. Limited, Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; March 24, 2000
This is a displacement application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the "Act").
The employees are currently represented by The United Brotherhood of Carpenters and Joiners of America – Local 2000 ("Local 2000").
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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Commonwealth Plywood Co. Limited at its veneer plant in Pembroke, Ontario, save and except foremen, persons above the rank of foreman, office staff, sales staff, first aid attendant and persons regularly employed for less than twenty-four (24) hours per week, and students employed during the school vacation. Employees employed for less than twenty-four hours per week not to exceed one (1) month.
The vote will be held on March 28, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on March 21, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 21, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
Voters will be asked to indicate whether they wish to be represented by the applicant or The United Brotherhood of Carpenters and Joiners of America, Local 2000.
The responding party has given the Board notice under section 8.1 of the Act that it disagrees with the union's estimate of the number of individuals included in the application for certification.
Currently no decision has been issued in File No. 3674-99-R, which decision may impact this application. Pending a resolution of that file, the ballot box will be sealed and the ballots not counted until the Board so orders or the parties including Local 2000 agree.
The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board 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. 4: Status Disputes in Certification Applications (Non-Construction).
The matter is referred to the Registrar.
"Timothy W. Sargeant"
for the Board