Labourers’ International Union of North America v. Marciano Doors & Trim Co. Ltd.
1025-00-R Labourers’ International Union of North America, Applicant v. Marciano Doors & Trim Co. Ltd., Responding Party v. Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; July 7, 2000
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
The employees who are the subject of this application are currently represented by the intervenor. The collective agreement between the responding party and the intervenor expired on June 30, 2000. It therefore appears that this displacement application is timely.
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 notes that the responding party has asserted that the application is untimely because the responding party did not receive the application until July 1, 2000. The application was filed with the Board on June 30, 2000 and is thus timely. The Board further notes that the responding party seeks to have the ballot box sealed based on section 8.1 of the Act. The Board declines to order the ballot box sealed in light of the Board’s determination in Bayview-Wellington Construction Inc., [1999] OLRB Rep. Nov. 954. The responding party can make submission with respect to the section 8.1 issue in the usual manner.
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.
Having regard to the request of the applicant and the recognition provision in the collective agreement applicable to the employees affected by this application, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all carpenters and carpenters’ apprentices of Marciano Doors & Trim Co. Ltd. working on new subdivision work (7 or more units) in residential low-rise buildings (defined as non-elevated housing of not more than four (4) storeys in height excluding the basement), save and except non-working foremen, those persons above the rank of non-working foreman, office, clerical, and engineering staff, while working in the following Geographic Area:
The Municipality of Metropolitan 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; (OLRB Area 8).
The vote will be held on July 11, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
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 Marciano Doors & Trim Co. Ltd. and at work in the voting constituency on June 30, 2000 are eligible to vote.
Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor 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.
“D. L. Gee”
for the Board