Ontario Labour Relations Board
Labourers International Union of North America, Local 527, Applicant v. Thomas Fuller Construction Co. Limited, Thomas Fuller Construction Co. (1958) Limited, 494545 Ontario Inc., Fullercon Limited, Thomas G. Fuller & Sons Ltd., Responding Parties.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J G Knight and G. McMenemy.
DECISION OF THE BOARD; May 19, 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 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 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.
3Thomas Fuller Construction Co. (1958) Limited and Fullercon Limited have filed timely responses to the application. Counsel for these two parties claims that the other three responding parties were never served with the application. The applicant disputes this assertion. The matter of proper service of the application to the three responding parties Thomas Fuller Construction Co. Limited, 494545 Ontario Inc. and Thomas G. Fuller & Sons Ltd. will be addressed at a hearing, if necessary. Needless to say these latter three companies have not filed responses to the Board within the time stipulated by Rule 135 of the Board’s Rules of Procedure.
4While the two responding parties have given notice under section 8.1 of the Act, the Board has found that section 8.1 does not apply to applications for certification filed under the construction industry provisions of the Act. See Bayview – Wellington Homes Inc. [1999] OLRB Rep Nov/Dec 954.
5It 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.
6The 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.
7Having regard to the differences between the parties as to the appropriate bargaining unit description, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Thomas Fuller Construction Co. Limited, Thomas Fuller Construction Co. (1958) Limited, 494545 Ontario Inc., Fullercon Limited, Thomas G. Fuller & Sons Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of Thomas Fuller Construction Co. Limited, Thomas Fuller Construction Co. (1958) Limited, 494545 Ontario Inc., Fullercon Limited, Thomas G. Fuller & Sons Ltd. in all other sectors of the construction industry in the Regional Municipality of Ottawa-Carleton, and the United Counties of Prescott and Russell , save and except non-working foremen and persons above the rank of non‑working foreman.
8The vote will be held on May 24 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9The responding parties are 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.
10All individuals who were employed by Thomas Fuller Construction Co. Limited, Thomas Fuller Construction CO. (1958) Limited, 494545 Ontario Inc. Fullercon Limited and Thomas G. Fuller & Sons Ltd. and at work in the voting constituency on May 15, 2000 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding parties.
12Given the nature of the matters in dispute, the Board directs that each ballot cast be segregated separately. The ballot box is to be sealed until the parties agree or the Board directs otherwise.
13Any 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.
14This matter is referred to the Registrar.
“Gail Misra”
for the Board