2169-01-R Michael Davies, Applicant v. International Brotherhood of Teamsters, Local 897, Responding Party v. Aluma Systems Canada Inc., Intervenor..
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; November 28, 2001
1In the Board’s decision of November 9, 2001 directing the taking of a representation vote, the Board defined those eligible to vote on the basis that this matter is an application to terminate bargaining rights in the construction industry, ie. those at work in the bargaining unit on the date of application. In its response, the responding party indicated that the bargaining unit is not covered by Construction Regulations. It would appear from the bargaining unit description and nature of the work performed by the employer that the bargaining unit is in fact not comprised of individuals who perform construction industry work. If such is the case, those eligible to vote are properly described as all those employed in the bargaining unit on the application filing date and not those at work in the bargaining unit on the application filing date.
2Having regard to the foregoing, the parties are hereby directed to advise the Board no later than 5:00 p.m. on Monday, December 3, 2001 as to whether the bargaining unit is in the construction industry and, if not, whether there is anyone, other than the five individuals who cast ballots, who was employed in the bargaining unit on the date of application such that he or she would have been eligible to vote.
"D. L. Gee"
for the Board