Labourers’ International Union of North America, Local 493 v. 1017457 Ontario Inc. c.o.b. as Dyna-Con Explosive Technologies
File No.: 3775-00-R Date: April 24, 2001
Before: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
Decision of the Board
1By letter dated April 12, 2001 the responding party advised the Board that in light of the vote results the remaining segregated ballots appear to be irrelevant.
2Counting the segregated ballots would not affect the applicant’s right to be certified. Therefore it is not necessary to deal with these challenges in order to issue a certificate.
3In its decision of March 29, 2001, the Board found the following bargaining unit to be appropriate for collective bargaining:
all construction labourers in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of the responding party in all other sectors of the construction industry in the Township of Sequin and the surrounding Townships of Archipelago, McDougal, McKellar, McMurrich/Monteith, Muskoka Lakes and Spence, save and except non-working foremen and persons above the rank of non-working foreman.
4On 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.
5Section 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 Labourers’ International Union of North America and The Labourers’ International Union of North America, Ontario District Council in respect of all construction labourers in the employ of 1017457 Ontario Inc. c.o.b. as Dyna-Con Explosive Technologies 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.
6Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all construction labourers in the employ of 1017457 Ontario Inc. c.o.b. as Dyna-Con Explosive Technologies in all sectors of the construction industry in the Township of Seguin and the surrounding Townships of Archipelago, McDougal, McKellar, McMurrich/Monteith, Muskoka Lakes and Spence, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
7The 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.
8The 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.
“Inge M. Stamp”
for the Board