Ontario Labour Relations Board
File No.: 3413-99-R Date: February 24, 2000
Between: Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. The Torchin Group, Responding Party.
Before: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and A. Haward
DECISION OF THE BOARD
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 c. 1 as amended (the "Act").
2The applicant has not established in a previous Board proceeding that it is a trade union within the meaning of section 1(1) or 126 of the Act. Therefore, the applicant will be required to prove at the appropriate time that it is a trade union under the Act.
3The responding party was served with the application material on February 21, 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 responding party asserts that its correct name is Lan Pack Construction Corporation. The determination of the correct name of the employer of the employees affected by this application for certification may be made following the taking of the representation vote in this matter
5The membership evidence filed by the applicant states that each employee who signed the membership evidence is applying “… to become a member of the Labourers’ International Union of North America, Local 183”. There is no reference anywhere in the membership evidence filed to “Universal Workers Union, L.I.U.N.A. Local 183”.
6Although the name of the applicant is not visible on the membership evidence, there is some similarity between the applicant and the entity to which the membership evidence relates. Therefore, the Board is satisfied 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 appear to be members of the applicant at the time the application was made.
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 further finds that all construction labourers in the employ of the responding party 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, constitute a unit of employees of the responding party appropriate for collective bargaining.
9Having regard to the Board's finding as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of The Torchin Group or Lan Pack Construction Corporation 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.
10The vote will be held on February 28, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
11In view of the ambiguity of the membership evidence and the uncertainty of the status of the applicant, the ballot box shall be sealed and the ballots not counted until the Board so orders.
12The 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.
13All individuals who were employed by The Torchin Group or Lan Pack Construction Corporation and at work in the voting constituency on February 21, 2000 are eligible to vote.
14Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
15Any 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.
16This matter is referred to the Registrar.
“Harry Freedman”
for the Board