Ontario Labour Relations Board
Parties and Appearances
0630-01-U Sheet Metal Workers International Association, Local Union No. 47, Applicant v. Les Toitures Raymond 1997 Inc., Les Toitures Raymond Sheet Metal et Ass. Inc., Raymond and Associates Roofing Inc., Alain Raymond, Marco Vaillancourt and Carol Forget, Responding Parties.
3593-00-R Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc., and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc., Applicant v. Sheet Metal Workers’ International Association, Local No. 47, Responding Party v. Raymond & Associates Roofing Inc., Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair.
APPEARANCES: Bruce Sevigny and Guy Rivest for Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc. and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc.; Craig Morrision for Sheet Metal Workers’ International Association, Local No. 47; no one appearing for Raymond & Associates Roofing Inc.
DECISION OF THE BOARD; August 21, 2001
Decision
1This is an application for termination of bargaining rights in the construction industry, Board File 3593-00-R and an unfair labour practice complaint, Board File 0630-01-U.
2At the hearing, the parties were able to reach agreements which allowed the counting of the ballots cast in the representation vote. Specifically, the parties agreed that the four persons the applicant and the intervenor sought to include and who had cast ballots, were performing work of the bargaining unit on the application date, and therefore were entitled to vote. The responding party withdrew its allegations that the employer had engaged in misconduct, contrary to section 63(16) of the Labour Relations Act, with the result that the ballots cast by the 7 persons the responding party had sought to add to the voters’ list were not counted.
3On 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.
4The Board declares that the responding party no longer represents the employees of Raymond & Associates Roofing Inc. for whom it has heretofore been the bargaining agent in the following bargaining unit:
all roofers and roofers’ apprentices in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, and new high rise structures in all other sectors, except the work covered in the Collective Agreement of the Electrical Power Systems Construction Association and the Union, of the construction industry in the Regional Municipality of Ottawa-Carleton, and the United Counties of Prescott and Russell.
5The 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.
6The parties have agreed to meet and see if they can resolve the unfair labour practices complaint, and requested that the Board adjourn Board File 0630-01-U to September 5, 2001. The Board grants the request.
7The 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.
“Mary Ellen Cummings”
for the Board