0334-01-R Carlos Ribeiro and Jose Oliveira, Applicants v. Labourers’ International Union of North America, Ontario Provincial District Council, Labourers’ International Union of North America, Local 506, Labourers’ International Union of North America, Local 183, Responding Parties v. C.S.B.I. Contracting Ltd., Intervenor.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; May 3, 2001
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2This application was fi1ed on April 26, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and C.S.B.I. Contracting Ltd. with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all construction labourers, including masons’ or bricklayers’ tenders, plasterers and plasterers’ apprentices and all employees engaged in cement finishing, waterproofing or restoration work and all other construction employees engaged in the industrial, commercial and institutional sector of the construction industry employed by CSBI Contracting Ltd. in the Province of Ontario, for whom the union has bargaining rights.
3Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
4It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
5The Board directs that a representation vote be taken of the employees of C.S.B.I. Contracting Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
6The vote will be held on May 7, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with the intervenor.
8The responding parties contends that the Board cannot determine whether or not the 40% threshold has been met as it alleges that the applicants are taking the position that they worked in two different bargaining units on the date of application. The Board is satisfied on the basis of the material filed by the applicant that there exists an appearance of 40% as contemplated by section 63(6) of the Act.
9The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.
10Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations 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. 10: Status Disputes in Termination Applications in the Construction Industry.
11The matter is referred to the Registrar.
“Marilyn Silverman”
for the Board