0620-01-R Construction Workers Local 53, affiliated with the Christian Labour Association of Canada, Applicant, v. Seal-On Paving Ltd., Responding Party v. Labourers’ International Union of North America, Ontario Provincial District Council and Labourers’ International Union of North America, Local 625, Intervenors
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J.G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 29, 2001
1. The Labourers’ International Union of North America, Ontario Provincial District Council and the Labourers’ International Union of North America, Local 625 (the “Labourers”) have filed an intervention in this application for certification. Counsel for the Labourers submits that the applicant had failed to serve them with the application and therefore the vote should be delayed. The Labourers claim that they represent some of the employees in the bargaining unit proposed by the applicant.
2. The responding party requests reconsideration of the Board’s decision directing the representation vote dated May 28, 2001. It seeks to delay the vote and proposes a bargaining unit description that differs from the unit proposed by the applicant.
3. The Board, in its May 28, 2001 decision did not determine the appropriate bargaining unit. Furthermore, it noted that the applicant was not seeking to represent any person represented by another trade union. The voting constituency described by the Board specifically excluded any persons in bargaining units for whom any trade union held bargaining rights as of May 23, 2001. Thus, the bargaining rights of the intervenor cannot be affected by the representation vote.
4. The Board is satisfied that there is no reason to delay the representation vote. The application for reconsideration by the responding party is dismissed. The issues raised by the intervenor and the responding party, including the description of the appropriate bargaining unit, can be determined, if necessary, following the representation vote.
5. This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board