3844-99-R Construction Workers Local 53, CLAC, Applicant v. 658620 Ontario Inc. c.o.b. as Haul All Services, Responding Party v. Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 880, Intervenor.
BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members J. G. Knight and
G. McMenemy.
DECISION OF THE BOARD; March 28, 2000
This is a displacement application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
The employees are currently represented by the intervenor.
The responding party filed a response with the Board on March 24, 2000. The intervenor filed an intervention with the Board on March 27, 2000 in which it alleges that the applicant has received employer support.
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.
This is an application for certification within the meaning of section 128 of the Act. The applicant is not an affiliated bargaining agent of a designated employee bargaining agency. Accordingly, this application is made pursuant to section 158(4) of the Act which provides as follows:
158 ...
(4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf.
- The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of 658620 Ontario Inc. c.o.b. as Haul All Services covered by the classification set out in the Collective Agreement between Teamsters, Chauffeurs, Warehousemen and Helpers Union Local No. 880 and The Heavy Construction Association of Windsor, save and except foremen and persons above the rank, office, clerical staff and security guards.
The vote will be held on March 30, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The 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.
All individuals who were employed by 658620 Ontario Inc. c.o.b. as Haul All Services and at work in the voting constituency on March 23, 2000 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant and the intervenor in their employment relations with the responding party.
Any 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.
This matter is referred to the Registrar.
“John Morgan Lewis”
for the Board