Construction Workers Local 53 v. Fahringer Mechanical Limited
0119-01-R Construction Workers Local 53, affiliated with Christian Labour Association of Canada, Applicant v. Fahringer Mechanical Limited, Responding Party.
BEFORE: David A. McKee, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 17, 2001
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure. It raises no issue that would cause the Board not to hold a vote.
4It appears to the Board 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 were members of the union at the time the application was made.
5This is an application for certification within the meaning of section 128 of the Act. The applicant is not an affiliated bargaining agent of a designated employee bargaining agency. Accordingly, this application is made pursuant to section 158(4) of the Act which provides as follows:
158.(4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf.
6The applicant has advised the Board that the responding party had in its employ, in the bargaining unit on the application date the following trades: journeymen and apprentice refrigeration and air conditioning mechanics, journeymen and apprentice plumbers and pipefitters, journeymen and apprentice sheet metal workers, journeymen and apprentice electricians.
7This information has been confirmed by the responding party. Accordingly, having regard to the foregoing and the provisions of the Act, the Board further finds that all journeymen and apprentice refrigeration and air conditioning mechanics, journeymen and apprentice plumbers and pipefitters, journeymen and apprentice sheet metal workers, journeymen and apprentice electricians in the employ of Fahringer Mechanical Limited in all sectors of the construction industry in the Counties of Essex and Kent, 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.
8Having 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 journeymen and apprentice refrigeration and air conditioning mechanics, journeymen and apprentice plumbers and pipefitters, journeymen and apprentice sheet metal workers, journeymen and apprentice electricians in the employ of Fahringer Mechanical Limited in all sectors of the construction industry in the Counties of Essex and Kent, save and except non-working foremen and persons above the rank of non-working foreman.
9The vote will be held on April 19, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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.
11All individuals who were employed by Fahringer Mechanical Limited and at work in the voting constituency on April 10, 2001 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13Any 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.
14This matter is referred to the Registrar.
“David A. McKee”
for the Board