International Union of Operating Engineers, Local 793 v. Miracle Construction Limited
File No.: 1690-00-R Date: September 29, 2000
1690-00-R International Union of Operating Engineers, Local 793, Applicant v. Miracle Construction Limited, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; September 29, 2000
1No 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 September 14, 2000.
2In its decision of September 14, 2000, the Board found the following bargaining unit to be appropriate for collective bargaining:
all employees of Miracle Construction Limited in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all employees of Miracle Construction Limited in all other sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin and in the Regional Municipality of Waterloo (except that portion of the geographic Township of Beverly annexed by North Dumfries Township) engaged in the operation of cranes, shovels, bulldozers, or similar equipment, and those primarily engaged in the repairing or maintaining of same, and employees engaged as surveyors, save and except non-working foremen and persons above the rank of non-working foreman.
3On 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.
4Section 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 Union of Operating Engineers and Local 793 of the International Union of Operating Engineers in respect of all employees of Miracle Construction 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.
5Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all employees of Miracle Construction Limited in all sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin and the Regional Municipality of Waterloo (except that portion of the geographic Township of Beverly annexed by North Dumfries Township) engaged in the operation of cranes, shovels, bulldozers, or similar equipment, and those primarily engaged in the repairing or maintaining of same, and employees engaged as surveyors, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.
6The 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.
7The 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.
"Harry Freedman"
for the Board