Ontario Labour Relations Board
0732-00-R Universal Workers Union, Labourers’ International Union of North America, Local 183, Applicant v. Scarborough Supply, A Division of Scarborough Construction Company Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; June 8, 2000
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3It 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.
4The applicant has applied for a unit of all construction labourers (including pipe-layers) in Board Area No. 9 in all sectors excluding ICI. All unrepresented trades are identified as construction labourers.
5The nature of the responding party’s business affected by this application is identified by the applicant as “installation of polyethylene pipes”. The location of the jobsite where this work is being performed is shown as “154 Crown Court, Whitby, Ontario”. The applicant also indicated that the address of the responding party is “154 Crown Court, Whitby, Ontario”. It appears then that the jobsite affected by this application is also the employer’s business address. It is not clear whether the “installation of polyethylene pipes” is being performed at a commercial jobsite or in some other sector.
6The Board is unable to make a finding that the applicant’s proposed bargaining unit is appropriate for collective bargaining. Pipe-layers are not normally included in the standard bargaining unit description for construction labourers.
7The responding party did file a timely response. The responding party asserts that there are no employees at work in the unit proposed by the applicant on the application date. The employer further states that the jobsite referred to in the application is a warehousing facility and that no construction activities were carried on at that location.
8The responding party asks that this application be processed together with a parallel application in Board File 0648-00-R, involving the same parties, for purposes of meetings and/or hearings.
9The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers (which includes pipe-layers) in the employ of Scarborough Supply, A Division of Scarborough Construction Company Limited in all sectors of the construction industry in the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.
10The vote will be held on June 12, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
11The 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.
12All individuals who were employed by Scarborough Supply, A Division of Scarborough Construction Company Limited and at work in the voting constituency on June 5, 2000 are eligible to vote.
13Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
14As there are a number of issues raised in this application the Board directs the ballots cast in the representation vote to be individually segregated and the ballot box sealed unless the parties otherwise agree.
15Any 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.
16This matter is referred to the Registrar.
17This matter is be scheduled for meetings/hearings together with the application for certification in Board File No. 0648-00-R.
“Inge M. Stamp”
for the Board