Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Castle Rock Developments Inc.
0357-00-R Universal Workers Union, Labourers’ International Union of North America, Local 183, Applicant v. Castle Rock Developments Inc., Great West Developments Inc., Fenelmore Properties Limited, Responding Parties.
BEFORE: Harry Freedman, Vice‑Chair.
DECISION OF THE BOARD; May 8, 2000
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act"). The Chair of the Board authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Act.
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party was duly served with the application material on May 2, 2000, according to the Certificate of Delivery filed by the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4The membership evidence filed by the applicant consisted of applications for membership with a printed statement at the top of each form indicating that it is an application for membership in the “Universal Workers Union, Local 183” with the “Union Local 183” struck out and “L.I.U.N.A. Local 183” written in. Additionally, the body of the membership application form states: “I hereby make application to become a member of the Universal Workers Union Local 183”. The applicant’s business representative stated in the declaration concerning membership evidence: “To ensure that there could be no confusion amongst the employees or with the Board, I personally added the words L.I.U.N.A. Local 183 to the top of each membership Application prior to the employees signing so that it was clear that these employees were applying to join Universal Workers Union, L.I.U.N.A. Local 183.” Thus 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.
5The application refers to two responding parties as the employer. The applicant in its covering letter to the Board with the application stated that “…the two entities listed as the Responding Party constitute a single employer under the provisions of the Act and the Applicant will file an application under sub-section 1(4) of the Act should it be necessary to do so after having reviewed the Responding Party’s response.”
6The response submits that the correct name of the responding party is a third entity “Fenelmore Properties Limited”. The Board cannot determine who is the actual employer of the employees affected by the application at this stage of the proceeding. The response, at paragraph 5 indicates that the responding party (Fenelmore Properties Limited) disagrees with the applicant’s estimate of the number of employees who were at work in the bargaining unit, and at paragraph 6 indicates that it agrees with the description of the bargaining unit included in the application but at paragraph 7 indicates that it both disagrees with the applicant’s description and further asserts that the bargaining unit proposed by the applicant could not be appropriate because there were only four employees at the work site. The Board cannot determine the appropriate bargaining unit at this time due to the uncertainty over who is the employer of the affected employees.
7The 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.
8The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Castle Rock Developments Inc., or Great West Developments Inc. or Fenelmore Properties Limited 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.
9The vote will be held on May 10, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting". The Board directs that each ballot be segregated and the ballot box sealed pending either agreement of the parties to the identity of the employer or a further direction from the Board.
10The 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.
11All individuals who were employed by Castle Rock Developments Inc., Great West Developments Inc. or Fenelmore Properties Limited and at work in the voting constituency on May 3, 2000 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
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.
“Harry Fredman”
for the Board