Ontario Labour Relations Board
0905-99-R United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 527, Applicant v. Dordan Mechanical Contractors Ltd., Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; January 6, 2000
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, c. 1 (the "Act"). By decision dated June 25, 1999, the Board, differently constituted, directed a representation vote. The Board scheduled a hearing following the representation vote to deal with the remaining issues in dispute between the parties. 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.
The parties met with a Labour Relations Officer prior to the hearing, and with the officer’s assistance were able to resolve the outstanding issues. As a result, the remaining sealed ballots were counted. On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
While the parties were able to agree that as a result of the representation vote, this application would be dismissed, they did not agree whether their agreement with respect to the disposition of this application was relevant to the proceedings in Board File Nos. 1678-98-G and 1679-98-R in which the applicant and the responding party are two of the parties. The applicant’s position was that its agreement to the disposition of this application was not relevant to those two proceedings and was without prejudice its position in those two proceedings. The responding party’s position was that the agreement reached by the parties in this certification application was both relevant and “with prejudice” to the applicant in the proceedings in Board File Nos. 1678-98-G and 1679-98-R. Both the applicant and the responding party did agree that that issue (relevance and prejudice of the agreement reached in this application) may be determined by the panel of the Board assigned to deal with the proceedings in Board File Nos. 1678-98-G and 1679-98-R.
This application for certification is dismissed.
The Board will not consider another application for certification by the applicant, the designated employee bargaining agency of which the applicant is an affiliated bargaining agent, or the affiliated bargaining agents, as the bargaining agent of the employees in the bargaining unit until one year elapses from the date of this decision.
The 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.
The 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