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Ontario Labour Relations Board
**0317-01-R** Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Fortified Carpentry Contractors Ltd., Responding Party v. Universal Workers Union, Labourers’ International Union of North America Local 183, Intervenor.
**BEFORE:** Marilyn Silverman, Vice‑Chair.
**DECISION OF THE BOARD;** April 30, 2001
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[1] This is a displacement application.
[2] The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Labour Relations Act, 1995 (the “Act”).
[3] It 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.
[4] The responding party disputes the applicant’s estimate of the numbers of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party proposes a bargaining unit different from that proposed by the applicant and contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act
[5] The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant against the information provided by the responding party, the Board cannot be absolutely certain that the percentage of the individuals who appear to be members of the trade is 40 per cent or more in one of the bargaining unit proposed by the applicant. In these circumstances, the Board directs that the ballot box from the representation vote be sealed. The ballots will not be counted until the Board so orders or the parties agree.
[6] The 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.
[7] The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all the employees of Fortified Carpentry Contractors Ltd., including carpenters and framers and their respective learners and improvers, construction labourers, and pieceworkers, engaged in the construction of all phases of housing including the preparation of footings, the fabrication, renovation, alteration, erection and finishing thereof, exterior trim and similar work, save and except those persons above the rank of foreman, office, clerical and engineering staff, while working in and out of the following Georgraphic Area: The County of Simcoe, the Municipality 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 Township of Esquesing, and the Towns of Ajax and Pickering in the Regional Municipality of Durham.
[8] The vote will be held on May 2, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
[9] The responding employer requests that the application be dismissed as the applicant has not listed each job site in its proposed bargaining unit. Alternatively, the responding employer requests that the applicant be ordered to provide full particulars of each job site and requests that the Board delay the ordering of the representation vote and the filing of a further response until the applicant has done so. The Board declines the responding employer's requests in this regard. The applicant has provided the information and corresponding documentation to entitle it to a vote. The responding employer has given notice under section 8.1 of the Act and on the basis of the Board's consideration of that notice, the ballot box has been sealed. These issues may be raised before the panel scheduled to hear this application.
[10] The responding party also submits that pieceworkers who are not “dependent pieceworkers” are not employees. If any individual holding such a postion wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
[11] The 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.
[12] All individuals who were employed by Fortified Carpentry Contractors Ltd. and at work in the voting constituency on April 25, 2001 are eligible to vote.
[13] Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
[14] Any 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.
[15] This matter is referred to the Registrar.
“Marilyn Silverman”
for the Board
minicounsel