Ontario Labour Relations Board
File No.: 2103-00-R Date: October 24, 2000
Between: Labourers’ International Union of North America, Ontario Provincial District Council, Applicant v. Bettencourt Contracting, Responding Party.
Before: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
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 Locals 183, 247, 493 (491), 505, 527, 597, 607, 625, 837, 1036, 1059, 1081 and 1089 of the Labourers’ International Union of North America, Ontario Provincial District Council are trade unions within the meaning of sections 1(1) and 126 of the Act. The Board further finds that they are constituent trade unions of the applicant.
The Board further finds that the applicant is a council of trade unions within the meaning of sections 1(1) and 126 of the Act.
The Board is satisfied that the constituent trade unions of the applicant have vested appropriate authority in the applicant to enable it to discharge the responsibilities of a bargaining agent within the meaning of section 12(1) of the Act.
The Board also finds that the applicant 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 September 30, 1983, the designated employee bargaining agency is The Labourers’ International Union of North America and The Labourers’ International Union of North America, Ontario Provincial District Council.
The responding party was duly served with the application on October 19, 2000, according to the Certificate of Delivery filed by a general counsel for the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
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 construction labourers 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 construction in the employ of the responding party in all other sectors of the construction industry 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 construction labourers in the employ of Bettencourt Contracting in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of Bettencourt Contracting in all other sectors of the construction industry 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 26, 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. These copies must remain posted for 30 days.
All individuals who were employed by Bettencourt Contracting and at work in the voting constituency on October 17, 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.
“John Morgan Lewis”
for the Board