Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. All-Star Carp (1995) Ltd.
File No.: 0167-01-R Date: April 19, 2001
Applicant: Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America Responding Party: All-Star Carp (1995) Ltd. Intervenor: Universal Workers Union, Labourers’ International Union of North America Local 183
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"). It is brought as a displacement application.
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure. Universal Workers Union, Labourers’ International Union of North America Local 183 (LIUNA) also filed an intervention.
4It 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.
5The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
6The Board further finds that all employees of the responding party, including carpenters and framers and their respective learners and improvers, construction labourers, and pieceworkers, engaged in the construction of all phases of housing including the preparation of footings, the fabrication, renovation, alteration, erection and finishing thereof, exterior trim and similar work, while working in and out of the following geographic area: the County of Simcoe, the Municipality of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills, and that portion of the Town of Milton within the geographic Township of Esquesing, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, save and except those persons above the rank of foreman, office, clerical and engineering staff, constitute a unit of employees of the responding party appropriate for collective bargaining.
7The responding party and the intervenor assert that the failure on the part of the applicant to particularize the job sites at which persons at work in the bargaining unit were at work on the application date is fatal to the application. This is a matter that can be argued at a later hearing if necessary and is not a reason not to hold a vote at this time.
8The responding party asserts that there are no employees in the bargaining unit but that the persons performing the work are employed by another employer or are independent contractors. Accordingly, each ballot will be segregated in such a manner that the identity of the person casting the ballot is not revealed. Unless the parties all agree in writing that all of the persons who ultimately cast ballots fall into the same class or category (i.e. that all of them are dependent contractors or employees or independent contractors) without distinction among the various individuals, the ballot box will remain sealed.
9Having 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 employees of the responding party, including carpenters and framers and their respective learners and improvers, construction labourers, and pieceworkers, engaged in the construction of all phases of housing including the preparation of footings, the fabrication, renovation, alteration, erection and finishing thereof, exterior trim and similar work, while working in and out of the following geographic area: the County of Simcoe, the Municipality of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills, and that portion of the Town of Milton within the geographic Township of Esquesing, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, save and except those persons above the rank of foreman, office, clerical and engineering staff.
10The vote will be held on April 23, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
11The 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.
12All individuals who were employed by All-Star Carp (1995) Ltd. and at work in the voting constituency on April 11, 2001 are eligible to vote.
13Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
14Any 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.
15This matter is referred to the Registrar.
“David A. McKee”
for the Board