0174-01-R Tony Monaco, Applicant v. The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario and affiliated IBEW Local Union 353, Responding Party v. Midtown Enterprises Limited, Intervenor.
BEFORE: David A. McKee, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 20, 2001
The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
This application was fi1ed on April 17, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Midtown Enterprises Limited with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all Foremen, Journeyman Wiremen, Instrumentation Mechanics, Apprentices, Journeyman Linemen-Splicers, Apprentice Linemen-Splicers, Groundsman Equipment Operators, Groundsman Drivers, Groundsmen, Utilitymen and Foresters in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
It 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.
The Board directs that a representation vote be taken of the employees of Midtown Enterprises Limited 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.
The vote will be held on April 24, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Midtown Enterprises Limited.
The 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.
The responding parties have raised issues with respect to the persons on the voters’ list, the composition of the bargaining unit, and an alleged failure to deliver the application to one of the responding parties, the “Construction Council of Ontario”. These matters can be dealt with following the representation vote and are not a reason not to hold a vote or to seal the ballot box.
Any 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.
The matter is referred to the Registrar.
“David A. McKee”
for the Board