Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Millenium Carpentry Inc.
0077-01-R Universal Workers Union, Labourers’ International Union of North America, Local 183, Applicant v. Millenium Carpentry Inc., Responding Party v. Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: D. L. Gee, Vice‑Chair.
DECISION OF THE BOARD; April 10, 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.
3The responding party, although duly served with the application material on April 5, 2001, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4It 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.
5The 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.
6The Board is in receipt of an intervention filed on behalf of Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America (“Local 1030”) in which it asserts it is the bargaining agent for certain employees affected by the application. Local 1030 has filed with the Board a copy of the collective agreement between it and the responding party effective from January 1, 2000 until April 30, 2001. The bargaining unit is as follows:
all employees of the Responding Party, including all carpenters and carpenters apprentices working in and out of the Province of Ontario (save and except workers based in OLRB Area 8), save and except supervisors, office and sales staff, office manager, persons above the rank of supervisor and students employed during the school vacation period.
7The applicant claims that it was unaware that Local 1030 claimed bargaining rights with respect to the responding party. The applicant denies that Local 1030 has any such bargaining rights and puts Local 1030 to the strict proof thereof.
8In the circumstances, the applicant suggests that the Board should direct two ballots to be cast by eligible voters. The applicant asserts that if the Board should find that Local 1030 holds bargaining rights with respect to the responding party, the employees working in the bargaining unit as described in the collective agreement should be asked whether they wish to be represented by the applicant or Local 1030 in the their employment relations with the responding party. The applicant asserts that the second ballot should be ordered in the event that the Board should find that Local 1030 does not hold bargaining rights with respect to employees of the responding party. This second ballot will ask the employees who were working in the applicant’s proposed bargaining unit on the date of the application whether they wish to be represented by the applicant in their employment relations with the responding party.
9Having considered the submissions of the parties, the Board directs that voters will be asked to cast two ballots. The first ballot will be with respect to those individuals employed by Millenium Carpentry Inc. and at work on April 4, 2001 in the following voting constituency:
all employees of Millenium Carpentry Inc., including all carpenters and carpenters apprentices working in and out of the Province of Ontario (save and except workers based 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), save and except supervisors, office and sales staff, office manager, persons above the rank of supervisor and students employed during the school vacation period.
The first ballot will ask those eligible individuals whether they wish to be represented by the applicant or Local 1030 with respect to their employment relations with Millenium Carpentry Inc.
10The second ballot will be with respect to those individuals employed by Millenium Carpentry Inc. and at work on April 4, 2001 in the following voting constituency:
all journeymen and apprentice carpenters and all construction labourers in the employ of Millenium Carpentry Inc. in all sectors of the construction industry in the Regional Municipality of Durham (except for the Towns of Ajax and Pickering) the geographic township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
The second ballot will ask those eligible individuals whether they wish to be represented by the applicant with respect to their employment relations with Millenium Carpentry Inc.
11The ballots cast in the representation vote will be individually segregated and the ballot boxes will be sealed unless the parties agree or the Board otherwise orders.
12The vote will be held on April 12, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
13The 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.
14Any 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.
15This matter is referred to the Registrar.
“D. L. Gee”
for the Board