Ontario Labour Relations Board
File No.: 2155-00-R Date: October 25, 2000
United Brotherhood of Carpenters and Joiners of America, Applicant v. Timberline Construction Group Western and Jeff Clarke o/a Blue Mountain Contracting, Responding Parties.
BEFORE: David A. McKee, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD
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 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 June 23, 1997, the designated employee bargaining agency is the United Brotherhood of Carpenters and Joiners of America and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.
This application was filed with the Board on October 20, 2000. The responding party states that it did not receive a copy of the application until after 5:00 p.m. on October 20, 2000. In applications for certification in the construction industry, the applicant must deliver to the responding party a copy of the application and other documents within two days of the date of filing it with the Board: Rule 133. Accordingly, the application date is October 20, 2000. The responding party did file its response in a timely manner.
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 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.
The responding party asserts that the application should be dismissed as the job site is described as the “Blue Mountain Ski Resort, Collingwood”. The alternative address given for the responding parties is “220 Jozo Weider Blvd., Collingwood, Ont.”. The responding parties assert that the proper municipal address is “220 Jozo Weider Blvd., Town of Blue Mountain, Ontario”. Given that this is an application in the construction industry where Board areas rather than a municipal address are the basis of the bargaining unit description, any error in the municipal name is irrelevant.
However, the applicant is having some difficulty with the proper Board area. It originally suggested Board Area 3. After suggesting it should be Board Area 18 or 28, it finally settled on a description of either or both of Board Areas 18 and 28. The applicant is not entitled to be certified in respect of a Board area in which no employees are working: see Loucon Developments General Contractors Inc., Board File 2090-00-R, decision dated October 19, 2000. However, it is not asserted that there are job sites other than that at Jozo Weider Blvd. This panel sees no reason not to order that a representation vote be held, referring to both Board Areas. The effect of the applicant’s initial error in describing the Board area, and the final description of any bargaining unit can be dealt with after the vote has been held.
The applicant has asserted that the true employer for the employees is Timberline Construction Group Western rather than Jeff Clarke o/a Blue Mountain Contracting (as asserted by the responding parties). Alternatively, it relies on section 1(4) in some unparticularized fashion. In keeping with the Board’s policy of ordering a vote in the widest possible voting constituency, both responding parties will be identified as responding parties, as well as both possible Board areas. Again, the issue of the proper identity of the responding party can be dealt with following the representation vote.
The Board further finds, pursuant to section 158(1) of the Act, that all carpenters and carpenters’ 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 carpenters and carpenters’ apprentices in the employ of the responding party in all other sectors of the construction industry in the County of Simcoe and the District Municipality of Muskoka, and in the County of Grey, 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 carpenters and carpenters’ apprentices in the employ of Timberline Construction Group Western and Jeff Clarke o/a Blue Mountain Contracting in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all carpenters and carpenters’ apprentices in the employ of Timberline Construction Group Western and Jeff Clarke o/a Blue Mountain Contracting in all other sectors of the construction industry in the County of Simcoe and the District Municipality of Muskoka, and in the County of Grey, save and except non-working foremen and persons above the rank of non‑working foreman.
The vote will be held on October 27, 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.
All individuals who were employed by Timberline Construction Group Western and Jeff Clarke o/a Blue Mountain Contracting and at work in the voting constituency on October 20, 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.
“David A. McKee”
for the Board