Bricklayers, Masons Independent Union of Canada Local 1 v. Nu‑Tech Concrete Forming Ltd.
Parties
0414-01-R Bricklayers, Masons Independent Union of Canada Local 1, Applicant v. Nu‑Tech Concrete Forming Ltd., Responding Party v. Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; May 4, 2001
Decision
- This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act"). The applicant seeks to displace the intervenor as bargaining agent for:
all carpenters and carpenters apprentices in the employ of the Responding Party in the ICI sector of the construction industry in Ontario Labour Relations Board Area No. 8, save and except non-working foremen and persons above the rank of non-working foreman.
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, although duly served with the application material on April 30, 2001, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
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 Board further finds that the unit of employees described in paragraph 1 above constitutes a unit of employees of the responding party appropriate for collective bargaining.
The intervenor contends that the application should be dismissed for a number of reasons. The intervenor contends that the applicant is not a trade union within the meaning of the Act. It further asserts that for a variety of reasons the applicant cannot apply for certification in respect of the bargaining unit applied for. Further the intervenor asserts that the employees who are the subject of the application were hired in contravention of the collective agreement. These matters may be raised before the panel scheduled to hear these applications.
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 carpenters and carpenters apprentices in the employ of the Nu-Tech Concrete Forming Ltd. in the ICI sector of the construction industry in Ontario Labour Relations Board Area No. 8, save and except non-working foremen and persons above the rank of non-working foreman.
The vote will be held on May 8, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The intervenor submits that the membership evidence filed does not represent membership evidence on behalf of 40% or more of the employees in the bargaining unit. The vote is ordered on the basis of the appearance of 40% as provided for in the Act. This issue can be raised before the panel scheduled to hear this application.
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 Nu-Tech Concrete Forming Ltd. and at work in the voting constituency on April 30, 2001 are eligible to vote.
Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
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.
“Marilyn Silverman”
for the Board