Ontario Labour Relations Board
Between:
Dane Sucic, Applicant v. Carpenters and Allied Workers Local Union 27 of the United Brotherhood of Carpenters and Joiners of America, Responding Party v. Skoko Aluminum Ltd., Intervenor.
BEFORE: David A. McKee, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 20, 2001
Reasons for Decision
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2This application was fi1ed on April 17, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Skoko Aluminum Ltd., with an effective date of April 1, 1999, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all construction workers of the Contractor (Skoko Aluminum) engaged in new Residential subdivision Constructions (defined as 3 or more units) in residential lowrise buildings (defined as non-elevated housing of not more than 4 storeys in height excluding basement) in the installation of aluminum and vinyl siding, eavestroughing, soffit and fascia, in the Province of Ontario, save and except non-working foremen, persons above the rank of non-working foreman, office and clerical staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It 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.
4The Board directs that a representation vote be taken of the employees of Skoko Aluminum Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
5The vote will be held on April 24, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Skoko Aluminum Ltd.
7The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.
8The responding party has filed allegations of improper activity and relies on section 63(13) of the Act. The response is late. These are not reasons not to hold a vote or to seal the ballot box. Further, the responding party is directed to file proper particulars of the allegations contained in paragraphs 6 to 11 inclusive within 15 days of the date hereof.
9Any 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 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. 10: Status Disputes in Termination Applications in the Construction Industry.
10The matter is referred to the Registrar.
“David A. McKee”
for the Board