Ontario Labour Relations Board
File No.: 0996-00-R Date: September 19, 2000
Between: Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. 539243 Ontario Ltd., Responding Party.
Before: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
Decision of the Board
1The Board, by decision dated July 5, 2000 directed a representation vote after making the requisite findings with respect to the applicant’s status, the degree of membership among the employees in the bargaining unit proposed by the applicant and the appropriate bargaining unit. Subsequently, before the vote was conducted, the Board was advised that the parties had agreed to adjourn this application sine die and therefore the Registrar cancelled the representation vote.
2The applicant, by letter to the Registrar dated September 13, 2000 has asked that the representation vote be scheduled at the next available opportunity. The applicant also states that the Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America was certified to represent a unit of employees of the responding party in all sectors of the construction industry other than the ICI sector in Board Area 8 that included carpenters and carpenters apprentices. (See Board File No. 0375-00-R, decision dated July 12, 2000). The bargaining unit description found by the Board to be appropriate in its July 5, 2000 decision in this matter referred to all sectors of the construction industry other than the ICI sector in Board Area 8. The applicant now seeks to amend the bargaining unit description by deleting any reference to the non-ICI sectors of the construction industry. The applicant also submits that the only employees who were working for the responding party on the date of the application were employed in the ICI sector of the construction industry and that the list of eligible voters that had been prepared would not be affected by the amendment the applicant seeks to make to the bargaining unit description.
3Having regard to the Board’s decision in this matter dated July 5, 2000, the Board’s decision dated July 12, 2000 in Board File No. 0375-00-R and section 158(1) of the Labour Relations Act, 1995, S. O. 1995, c. 1 (the "Act"), the Board hereby amends the bargaining unit description and finds 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 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.
4Having 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 539243 Ontario Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario save and except non-working foremen and persons above the rank of non-working foreman.
5The vote will be held on September 25, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
6The 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.
7All individuals who were employed by 539243 Ontario Ltd. and at work in the voting constituency on June 28, 2000 are eligible to vote.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9Any 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.
10This matter is referred to the Registrar.
“Harry Freedman”
for the Board