3674-99-R David Weisenberg, Denise Lewis, Dennis Cliche, Applicants v. United Brotherhood of Carpenters and Joiners of America and/or United Brotherhood of Carpenters and Joiners of America, Ontario Industrial Council and/or United Brotherhood of Carpenters and Joiners of America, Lumber and Sawmill Workers, Local 2000, Responding Parties v. Commonwealth Plywood Co. Limited, Intervenor.
BEFORE: Christopher J. Albertyn, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; March 16, 2000
The applicants have applied to the Board under section 63 of the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”) for a declaration that the responding parties no longer represent the employees in the bargaining unit affected by this application. Although the applicants have cited three responding parties as the bargaining agent of the employees affected by this application, the United Brotherhood of Carpenters and Joiners of America, Local 2000 appears to possess the bargaining rights which are challenged in this termination application. The reference to the responding party in the rest of this decision will be to that entity.
This application was filed on March 13, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Commonwealth Plywood Co. Limited, with an effective date of July 10, 1997, until April 30, 2000. The bargaining unit description in that collective agreement is as follows:
all employees of Commonwealth Plywood Co. Limited at its veneer plant in Pembroke, Ontario, save and except foremen, persons above the rank of foreman, office staff, sales staff, first aid attendant, and persons regularly employed for less than twenty-four (24) hours per week, and students employed during the school vacation period.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
The responding party seeks the dismissal of the application without a vote under subsection 63(16) of the Act, alternatively that the ballot box should be sealed and the votes cast not counted until its subsection 63(16) challenge to the application is determined. The allegations made by the responding party of employer initiation of this application are insufficient to persuade the Board not to hold the vote, or even not to count the ballots cast in the vote. The allegations can be dealt with in the ordinary course at the hearing of this matter. In the circumstances the representation vote will proceed and the ballots will be counted in the ordinary course.
The Board directs that a representation vote be taken of the employees of Commonwealth Plywood Co. Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on March 13, 2000, the application filing date, will be eligible to vote.
The vote will be held on March 20, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Commonwealth Plywood Co. Limited.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board 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. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board