Ontario Labour Relations Board
3421-00-R Wieslaw Wierzba, Applicant v. Carpenters and Allied Workers Local 27, Responding Party v. Frendel Kitchens Limited, Intervenor.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; September 10, 2001
Decision
The parties concluded Minutes of Settlement on September 10, 2001 which dispose of the remaining issues in this matter.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
The Board declares that the responding party no longer represents the employees of Frendel Kitchens Limited for whom it has heretofore been the bargaining agent in the following bargaining unit:
all carpenters and carpenters’ apprentices in the employ of Frendel Kitchens 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 (except for the Towns of Ajax and Pickering), and the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria and the Regional Municipality of Hamilton-Wentworth, the City of Burlington, that portion of the geographic Township of Beverly annexed by North Dumfries Township and that portion of the Town of Milton within the geographic Townships of Nassageweya and Nelson excluding the industrial commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
Clarity Note: All references in the Collective Agreement to “Employee” or to “Employees” shall include pieceworkers or subcontractors and the rates described in the “Payment Schedule” are inclusive of all monies payable by the Company and, for greater certainty, include WSIB and Employer Health Tax which pieceworkers or subcontractors pay themselves, holiday pay under Article 11, and vacation pay under Article 12. The amounts paid by the Company are exclusive of G.S.T. in respect of invoices rendered by the pieceworkers or subcontractors to the Company. The net effect of this provision is that there will be no increase in costs to the Company as a result of the signing of this agreement.
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.
Meeting and hearing dates set previously are hereby cancelled.
The employer is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
“Christopher J. Albertyn”
for the Board