File and Parties
Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. Breton Park (Collegeway) Contractors Inc. and Granite Gate II Development Inc., Responding Parties.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
Decision of the Board
September 13, 2000
1This 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 6, 2000.
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 September 30, 1983, the designated employee bargaining agency is the Labourers’ International Union of North America and the Labourers’ International Union of North America, Ontario Provincial District Council.
3The responding party was duly served with the application on September 7, 2000, according to the Certificate of Delivery filed by the applicant and failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4The 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.
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 applicant asserted that the two responding parties constitute one employer under the Act and stated that it will make an application pursuant to section 1(4) of the Act for a single employer declaration should it be necessary to do so, depending upon the position the responding parties take in response to this application. The applicant also asserts that the responding parties constitute a single employer with The Camrost Corporation, an employer with whom the applicant already has bargaining rights and with other entities by reason of their relationship with The Camrost Group. The determination of the identity of the employer and the corresponding description of the appropriate bargaining unit will be determined following the representation vote.
7Having regard to the material filed by the applicant, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers and all journeymen and apprentice carpenters in the employ of Breton Park (Collegeway) Contractors Inc. and/or Granite Gate II Development Inc., in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers and all journeymen and apprentice carpenters in the employ of Breton Park (Collegeway) Contractors Inc. and/or Granite Gate II Development Inc., in all other 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, save and except non-working foremen and persons above the rank of non‑working foreman.
8The vote will be held on September 15, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
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 Breton Park (Collegeway) Contractors Inc. and/or Granite Gate II Development Inc. and at work in the voting constituency on September 6, 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 their employer. The applicant requested that the ballot box be sealed until the issues relating to the applicant’s bargaining rights, if any, with the responding parties have been determined. In view of the dispute over the identity of the employer and the applicant’s alternative assertion that it already holds bargaining rights for the employees of the responding parties, the Board directs that each ballot be segregated and the ballot box sealed pending either the parties’ agreement or the Board’s determination of the employer of the employees who cast ballots and whether the applicant holds bargaining rights in respect of that employer.
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.
“Harry Freedman” for the Board