Universal Workers Union, Labourers’ International Union of North America Local 183 v. Integral Utilities Inc.
0246-01-R Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. Integral Utilities Inc., Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; April 25, 2001
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3It 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.
4The responding party has filed a notice pursuant to section 8.1 of the Labour Relations Act, 1995. It challenges the applicant’s estimate of the number of employees in the bargaining unit. Further, the responding party asserts that the nature of its business and clients means that the labour relations of its employees fall under federal, not provincial jurisdiction. Finally, the responding party asserts that the bargaining unit sought by the applicant is inappropriate because it includes surveyors, carpenters’ and carpenters’ apprentices, positions which the responding party does not have.
5Without making a finding about what is an appropriate bargaining unit, the Board directs that a representation vote take place among employees in the following bargaining constituency:
all construction labourers and all employees engaged in the operation of cranes, shovels, bulldozers or similar equipment and those primarily engaged in the repairing or maintaining of same and employees engaged as surveyors and journeymen and apprentice carpenters and truck drivers in the employ of Integral Utilities Inc. in all sectors of the construction industry in The City 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 Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
6If any employee claiming to be a surveyor, carpenter or carpenter’s apprentice wishes to vote, his or her ballot will be segregated and not counted.
7The Board orders the ballot box sealed pending a determination of the jurisdictional question, the section 8.1 notice issue and the description of the bargaining unit, unless the parties otherwise agree.
8The 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.
9The vote will be held on April 27, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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.
11All individuals who were employed by Integral Utilities Inc. and at work in the voting constituency on April 20, 2001 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13Any 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.
14This matter is referred to the Registrar.
“Mary Ellen Cummings”
for the Board