3536-00-R United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 800 Applicant v. 1040523 Ontario Limited c.o.b. Norfab Metal and Machine, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair.
DECISION OF THE BOARD; September 19, 2001
Only the applicant filed representations with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of March 7, 2001.
In its decision of March 7, 2001, the Board found the following bargaining unit to be appropriate for collective bargaining:
all plumbers and plumbers’ apprentices and all steamfitters and steamfitters’ apprentices in the employ of 1040523 Ontario Limited c.o.b. as Norfab Metal and Machine in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all plumbers and plumbers’ apprentices and all steamfitters and steamfitters’ apprentices in the employ of 1040523 Ontario Limited c.o.b. as Norfab Metal and Machine in all other sectors of the construction industry within a radius of 81 kilometres (approximately 50 miles) of the Timmins Federal Building, save and except non-working foremen and persons above the rank of non-working foreman.
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 favour of the applicant.
Section 160(1) of the Act, which states as follows, provides for the issuance of more than one certificate if the applicant has the requisite support:
(1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
Therefore, pursuant to section 160(1) of the Act, a certificate will issue to the applicant affiliated bargaining agent on its own behalf and on behalf of all other affiliated bargaining agents of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, and the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada in respect of all plumbers and plumbers’ apprentices and all steamfitters and steamfitters’ apprentices in the employ of 1040523 Ontario Limited c.o.b. as Norfab Metal and Machine in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non‑working foreman.
Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all plumbers and plumbers’ apprentices and all steamfitters and steamfitters’ apprentices in the employ of 1040523 Ontario Limited c.o.b. as Norfab Metal and Machine in all sectors of the construction industry within a radius of 81 kilometers (approximately 50 miles) of the Timmins Federal Building, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.
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