0621-00-R International Brotherhood of Electrical Workers, Construction Council of Ontario, Applicant v. Boyd Electric Company Limited, Responding Party.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. G Knight and G. McMenemy.
DECISION OF THE BOARD; June 14 2000
1. No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of May 30, 2000.
2. In its decision of May 30, 2000, the Board found the following bargaining unit to be appropriate for collective bargaining:
all electricians and electricians’ apprentices in the employ of Boyd Electric Company Limited in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all electricians and electricians’ apprentices in the employ of Boyd Electric Company Limited in all other sectors of the construction industry in the County of Lennox and Addington, the County of Frontenac, and the geographic Townships of Rear Leeds and Lansdowne, Rear of Yonge and Escott, and all lands south thereof in the United Counties of Leeds and Grenville, save and except non-working foremen and persons above the rank of non‑working foreman.
3. On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
4. Section 160(1) of the Act, which states as follows, provides for the issuance of more than one certificate if the applicant has the requisite support:
- (1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
Therefore, pursuant to section 160(1) of the Act, a certificate will issue to the applicant affiliated bargaining agent on its own behalf and on behalf of all other affiliated bargaining agents of the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario in respect of all electricians and electricians’ apprentices in the employ of Boyd Electric Company Limited 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.
5. Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all electricians and electricians’ apprentices in the employ of Boyd Electric Company Limited in all sectors of the construction industry in the County of Lennox and Addington, the County of Frontenac, and the geographic Townships of Rear Leeds and Lansdowne, Rear of Yonge and Escott and all lands south thereof in the United Counties of Leeds and Grenville excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.
6. The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
7. The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“Gail Misra”
for the Board