1480-01-R Labourers’ International Union of North America, Applicant v. Marciano Doors & Trim Co. Ltd., Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 24, 2001
The style of cause is hereby amended to reflect the correct name of the responding party: “Marciano Doors & Trim Co. Ltd.”.
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
The responding party disagrees with the applicant’s estimate of the number of employees who were at work in the bargaining unit included in the application for certification on the application date. Furthermore, the responding party asserts there were no employees at work in the proposed bargaining unit on the application date. The responding party gave notice under section 8.1 of the Act.
The intervenor, Carpenters Local 27, submits it represents employees affected by this application. The intervenor asserts the responding party is bound to a collective agreement with Local 27 in respect of carpenters and carpenters apprentices in Board Area #8. The application for certification relates to Board Area #9. No copy of the agreement was submitted with the intervention. The intervenor indicated that the recognition clause of their agreement is attached. However it was not part of the fax transmission filed with the Board.
The applicant in paragraph 11 of the application (Form A-71) indicated that it was not aware of any other trade union who may be affected by this application. The responding party in paragraph 9 of its Response (Form A-72) indicated “N/A” with respect to the name of any trade union which may claim to represent any employees who may be affected.
It 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. The applicant states the only unrepresented trades on the date of application are carpenters and carpenters apprentices.
The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
The Board further finds that all journeymen and apprentice carpenters in the employ of the responding party in all sectors of the construction industry in, the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, excluding the industrial, commercial and institutional sector, 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.
Having 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 carpenters in the employ of Marciano Doors & Trim Co. Ltd. in all sectors of the construction industry in the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
The vote will be held on August 28, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The 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. These copies must remain posted for 30 days.
All individuals who were employed by Marciano Doors & Trim Co. Ltd. and at work in the voting constituency on August 21, 2001 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
In light of the issues in this application, the ballot box is to be sealed and each ballot segregated unless the Board directs otherwise or the parties agree to count the ballots.
Any 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.
This matter is referred to the Registrar.
“Inge M. Stamp”
for the Board