1854-00-R Labourers’ International Union of North America, Local 527, Applicant v. Vanson Construction Limited, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; September 27, 2000
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 c.1 as amended (the "Act"). This application was filed on September 21, 2000.
The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
The responding party was duly served with the application on September 22, 2000, according to the Certificate of Delivery filed by the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
The Board is satisfied 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 appear to be members of the applicant at the time the application was made.
The 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.
The Board further finds that all construction labourers in the employ of the responding party in all sectors of the construction industry in the Regional Municipality of Ottawa-Carleton, and the United Counties of Prescott and Russell, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman, constitute a unit of employees of the responding party appropriate for collective bargaining.
Having regard to the Board's finding as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Vanson Construction Limited in all sectors of the construction industry in the Regional Municipality of Ottawa-Carleton, and the United Counties of Prescott and Russell, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
The vote will be held on September 29, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The responding party purported to give notice under section 8.1 of the Act because it disagreed with the applicant’s estimate of the number of employees at work in the bargaining unit on the application date. Section 8.1 of the Act does not apply to applications for certification filed under the construction industry provisions of the Act. See Bayview-Wellington Construction Inc., [1999] OLRB Rep. Nov./Dec. 954.
The 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.
All individuals who were employed by Vanson Construction Limited and at work in the voting constituency on September 21, 2000 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
Any 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.
This matter is referred to the Registrar.
“Harry Freedman”
for the Board