2170-01-R Denis Farley, on his own behalf and on behalf of a group of employees of BE Mechanical, Applicant v. Local Union 71 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Responding Party v. BE Mechanical (A Division of 802798 Ontario Inc.), Intervenor.
BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; November 8, 2001
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2This application was fi1ed on November 2, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and The Mechanical Contractors Association of Ottawa with an effective date of October 27, 1999, until November 30, 2001. The bargaining unit description in that collective agreement is as follows:
all employees of the intervenor, including foreperson, general foreperson, plumbers, steamfitters, pipewelders and apprentices employed in the Low Rise Residential Sector of the construction industry, which includes single and double houses, town houses, row houses, stack units and any residential structures up to 3½ storeys, in the Regional Municipality of Ottawa-Carleton and the Counties of Russell, Lanark and Renfrew in the Province of Ontario and as described in the collective agreement entered into between Local Union 71 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and The Mechanical Contractors Association of Ottawa expiring November 30, 2001.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The responding party seeks the dismissal of this application under section 63(16) of the Act and also asserts that the application is a nullity on the grounds that the application delivered to the responding party was not signed by the applicant or a representative of the applicant. With respect to these allegations, the Board firstly notes that the application filed by the applicant with the Board was signed by a representative of the applicant. Having considered the allegations raised by the responding party, the Board considers it appropriate to direct a representation vote and to consider the allegations raised, if necessary, at a hearing after the vote. The Board also does not consider it appropriate to seal the ballot box in the circumstances.
5The Board directs that a representation vote be taken of the employees of BE Mechanical (A Division of 802798 Ontario Inc.) employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
6The vote will be held on November 13, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with BE Mechanical (A Division of 802798 Ontario Inc.).
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations 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. 10: Status Disputes in Termination Applications in the Construction Industry.
10The matter is referred to the Registrar.
“Marilyn Silverman”
for the Board