Ontario Labour Relations Board
File No.: 1167-01-R Date: September 21, 2001
Between: Universal Workers Union, Labourers’ International Union of North America, Local 183, Applicant v. Bradmar Contracting Inc. c.o.b. Metro Lawn Sprinklers, Responding Party.
Before: Christopher J. Albertyn, Vice-Chair.
Decision of the Board
1This decision concerns a request for reconsideration of a decision issued on August 15, 2001. That decision followed the holding of a representation vote in a certification application. The union was successful in the vote and the decision ordered the issue of a certificate to the union.
2The responding party employer seeks reconsideration of the union’s certification.
3The employer’s grounds for the reconsideration request are the following: prior to the vote the union made promises to the employees of significantly larger projects for the employer (and, impliedly, greater job security for the employees) if the union were certified; and two employees resigned about a month after the representation vote.
4The conclusion the employer draws from these events is that the employees were pressurized into making the decision to vote in favour of unionization. Presumably the employer is suggesting that the union improperly pressurized the employees into voting for union representation.
5The promise of better conditions by a union engaged in recruiting employees and garnering their support for a representation vote is not unlawful. The resignation of two employees a month after a union vote does not, on its own, suggest any unlawfulness by the union. In the circumstances there is no reasonably basis for the Board to reconsider its decision of August 15, 2001.
6The reconsideration request is denied.
“Christopher J. Albertyn”
for the Board