Construction and Allied Workers Local Union 607 v. Hugh Munro Construction Ltd.
File No.: 1255-01-R Date: July 31, 2001
Applicant: Construction and Allied Workers Local Union 607 Responding Party: Hugh Munro Construction Ltd.
Before: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The applicant asserts that it is one and the same trade union as Labourers International Union of North America, Local 607, a trade union which has been found to be a trade union within the meaning of sections 1(1) and 126 of the act and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on September 30, 1983, the designated employee bargaining agency is The Labourers International Union of North America and The Labourers International Union of North America, Ontario Provincial District Council.
3The membership evidence filed indicates membership in Construction and Allied Workers Local 607. Thus, there is an appearance of membership in the applicant sufficient to enable the Board to order a vote. The applicant is directed to file with the Board and serve on the responding party all the documentary material it relies on, and all of the submissions it wishes to make, in respect of its assertion that the applicant is one and the same as Labourers International Union of North America, Local 607, but simply with a new name.
4The responding party filed a response on July 27, 2001. It asserts there were no employees in the bargaining unit. That is a matter that can be determined following the holding of a representation vote. If the responding party challenges the right of any person to vote, that challenge should be explained to the Vote Officer at the time of the vote.
5It 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.
6The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
7The Board further finds, pursuant to section 158(1) of the Act, that all construction labourers in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of the responding party in all other sectors of the construction industry in the District of Kenora including the Patricia portion, 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.
8Having 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 construction labourers in the employ of Hugh Munro Construction Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of Hugh Munro Construction Ltd. in all other sectors of the construction industry in the District of Kenora including the Patricia portion, save and except non-working foremen and persons above the rank of non-working foreman.
9The vote will be held on August 2, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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.
11All individuals who were employed by Hugh Munro Construction Ltd. and at work in the voting constituency on July 25, 2001 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13Any 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.
14This matter is referred to the Registrar.
"David A. McKee"
for the Board