Ontario Labour Relations Board
1097-00-R Industrial Wood & Allied Workers of Canada, Applicant v. Ziegler Lumber Limited, Responding Party.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 13, 2000
Decision
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3The responding party, although duly served with the application material on July 10, 2000, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 69 of the Board's Rules of Procedure.
4In addition, the Board notes that the application was also duly served on the United Brotherhood of Carpenters and Joiners of America, Local 3054 (the “Carpenters”), which union currently represents the employees in the proposed bargaining unit. Although the Carpenters have not filed an intervention in this matter, counsel for the Carpenters wrote to the Board by correspondence dated July 11, 2000 and requested that his client’s name read as follows on the ballot: “United Brotherhood of Carpenters and Joiners of America, Local 3054”.
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 directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Ziegler Lumber Limited employed at Port Elgin, Ontario save and except foremen, persons above the rank of foreman, office and sales staff, persons not regularly employed for more than twenty-four (24) hours per week and students employed during the school vacation period.
7The vote will be held on July 17, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on July 10, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 10, 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.
9Voters 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 3054 in their employment relations with the responding party.
10The 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.
11Any 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).
12The matter is referred to the Registrar.
“Gail Misra”
for the Board