0055-00-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Millway Carpentry Ltd., Responding Party v. Labourers’ International Union of North America, Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. G. Knight and
G. McMenemy.
DECISION OF THE BOARD; April 13, 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 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.
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 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 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.
The Board notes that the applicant has indicated that its application for certification is being made without prejudice to the applicant’s position that it already has a valid collective agreement and/or valid bargaining rights for the bargaining unit covered by the application. The Board also notes that the intervenor, Labourers’ International Union of North America, also takes the position that the applicant continues to hold bargaining rights in respect of the residential construction portion of the bargaining unit pursuant to a voluntary recognition agreement entered into on June 27, 1997. In this respect, the intervenor submits that those bargaining rights are the subject of a “related proceeding” before Chair MacDowell dealing with an application for termination of those bargaining rights under section 66 of the Act. The intervenor further notes that the Board’s interim decision dated April 3, 2000 released on April 6, 2000 in that “related proceeding” does not operate to terminate the collective agreement or the bargaining rights created on June 27, 1997.
In all of the circumstances, the intervenor requests an order consolidating this proceeding with the “related proceedings” before Chair MacDowell. The intervenor also requests a withdrawal of its application in the “related proceedings” on certain terms and requests an order dismissing this application without the holding of a representation vote on the basis that the withdrawal of its applications in the “related proceedings” leaves no further challenge to the applicant’s existing bargaining rights and existing collective agreement.
Having considered the submissions of the parties, the Board determines that it is not appropriate to defer the holding of a representation vote in this matter pending the resolution of these issues. Any outstanding issues between the parties may be determined at a hearing after the vote, if necessary.
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 Millway Carpentry Ltd. 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 Millway Carpentry Ltd. 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.
The vote will be held on April 17, 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 Millway Carpentry Ltd. and at work in the voting constituency on April 7, 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.
“Caroline Rowan”
for the Board