International Brotherhood of Electrical Workers, Local 353 v. Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc.
3364-99-R International Brotherhood of Electrical Workers, Local 353, Applicant v. Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc., Responding Parties.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; February 22, 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 February 16, 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 December 12, 1977, the designated employee bargaining agency is the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario.
3The responding parties were duly served with the application on February 17, 2000, according to the Certificate of Delivery filed by counsel for the applicant and filed their 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 appeared 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 was making an application pursuant to section 1(4) of the Act for a single employer declaration. Data Connect Systems Group Inc. asserts that its employees are under federal jurisdiction for labour relation purposes. The determination of that issue and the identity of the employer may be made following the representation vote.
7The Board further finds, pursuant to section 158(1) of the Act, that all electricians and electricians’ apprentices in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all electricians and electricians’ apprentices in the employ of the responding party 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, constitute a unit of employees of the responding party appropriate for collective bargaining.
8Having 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 electricians and electricians’ apprentices in the employ of Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all electricians and electricians’ apprentices in the employ of Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group 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.
9The vote will be held on February 24, 2000 . Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The responding parties are 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.
11All individuals who were employed by Brothers & Wright Electrical Services Inc. and/or Data Connect Systems Group Inc. and at work in the voting constituency on February 16, 2000 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party. In view of the dispute over the identity of the employer, the Board directs that each ballot be segregated pending either the parties’ agreement or the Board’s determination of the employer of the employees who cast ballots.
13Any 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.
14This matter is referred to the Registrar.
15This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board