Ontario Labour Relations Board
0309-01-R Michael Stewart, Applicant v. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 787, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; April 30, 2001
1The 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to the Board under section 63 of the Labour Relations Act, 1995 (the "Act") for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2This application was fi1ed on April 25, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Stewart Heating and Air Conditioning Inc. with an effective date of April 30, 1998 until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all Journeyperson and Apprentice Refrigeration and Air Conditioning Mechanics, Maintenance Mechanics, save and except persons above the rank of working Forepersons, employed by Employers in the Province of Ontario engaged in all of the Employers Maintenance and/or Service activities and all construction work in the Province of Ontario, other than construction work in the Industrial, Commercial and Institutional Sector in the Refrigeration and Air Conditioning Trade.
3Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
4It 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.
5The Board directs that a representation vote be taken of the employees of Stewart Heating and Air Conditioning Inc. 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.
6The vote will be held on May 4, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Stewart Heating and Air Conditioning Inc.
8The responding party asserts that the application is irregular and ought to be dismissed as it was not brought on the proper construction form for these types of applications. I am not prepared to dismiss the application on that basis. The application contains the information that the Board and the responding party requires. A full response has been filed by counsel for the responding party.
9The responding party also asserts that there are no employees employed in the bargaining unit on the date of application. That matter can be raised before the panel scheduled to hear this application.
10The 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.
11Any 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.
12The matter is referred to the Registrar.
"Marilyn Silverman"
for the Board