3161-99-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Azurix North American o/a Uniflow Co. and Philip Utilities, Responding Party.
BEFORE: M. A. Nairn, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; January 28, 2000
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2It 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.
3The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
4There is a dispute between the parties as to the proper name of the responding party. That matter will be determined as necessary following the taking of the vote if the parties are unable to resolve it.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Azurix North American o/a Uniflow Co. and Philip Utilities in all 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, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
6The vote will be held on February 1, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
7The 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.
8All individuals who were employed by Azurix North American o/a Uniflow Co. and Philip Utilities at work in the voting constituency on January 25, 2000 are eligible to vote.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10Any 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.
11Prior to any certificate issuing in favour of this applicant, it will be required to establish that it is a trade union within the meaning of section 1(1) and 126 of the Act. It appears the applicant’s trade union status issue is outstanding in another certification application before the Board (Board File No 3039-99-R). To date, the applicant has not been found to be a trade union pursuant to subsection 1 of section 1 of the Act.
12This matter is referred to the Registrar.
“M. A. Nairn”
for the Board