3667-00-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736, Applicant v. Adanac Welding and Fabricating Inc., Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; April 23, 2001
1This is an application for certification made pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the “Act”). A representation vote has been conducted, but the ballot box has been sealed.
2There may still be a dispute about the bargaining unit description. If so, the Board confirms the finding in the decision of the Board dated March 19, 2001 of the correct bargaining unit. This is in fact the only bargaining unit permitted by section 158 of the Act. Further, the fact that the responding party says it required Weimar Construction to perform the work in question under the Provincial Collective Agreement binding on the applicant is very good, if not conclusive, evidence that the persons performing the work in question were doing so in a bargaining unit of ironworkers and ironworkers’ apprentices.
3The ballot box has been sealed. The votes should be counted immediately. If the applicant has not received a majority of the votes cast, there is no need to spend the time and resources to litigate the matter of the true employer.
4The one remaining issue is the identity of the true employer. This is a matter which must be resolved at a hearing. The Board cannot make findings based on affidavits on which no cross-examination is possible and will give no weight to them.
5This matter is referred to the Manager of Field Services to arrange for the counting of the ballots. Following that, if the applicant has received a majority of the votes cast, the matter is referred to the Registrar to set two days of hearing to determine all other matters outstanding in the application.
“David A. McKee”
for the Board