Ontario Labour Relations Board
File No.: 3589-99-R Date: April 28, 2000
I.B.E.W. Construction Council of Ontario, Applicant v. Bison Electric Incorporated and/or Bison Electrical & Mechanical Inc.; Southwold Diversified Ltd.; Turnay Electric Ltd., Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD
1This is one of a series of applications for certification in the construction industry. Put simply, the applicant applied with respect to 3 companies; Turnay Electric Ltd., Bison Electric Incorporated and/or Bison Electrical & Mechanical Inc., and Southwold Diversified Ltd. as both separate responding parties, and as related employers, within the meaning of section 1(4) of the Labour Relations Act, 1995 (the "Act"). The Board conducted the representation vote in a manner that permitted a determination of the applicant's entitlement to be certified for each of the corporations separately and jointly. This decision disposes of the application seeking to certify all the corporations jointly.
2On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
3The application is therefore dismissed.
4The Board will not consider another application for certification by the applicant, the designated employee bargaining agency of which the applicant is an affiliated bargaining agent, or the affiliated bargaining agents, as the bargaining agent of the employees in the bargaining unit until one year elapses from the date of this decision.
5The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
6The responding parties are directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
"Mary Ellen Cummings"
for the Board