Ontario Labour Relations Board
Between: International Brotherhood of Electrical Workers, Construction Council of Ontario, Applicant v. Global Electric & Lighting Inc. and Estate Electric (1983) Ltd., Responding Parties.
Before: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
Decision of the Board; June 28, 2001
Decision
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended (the "Act"). This application was filed on June 22, 2001.
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on December 12, 1977, the designated employee bargaining agency is the International Brotherhood of Electrical workers and the IBEW Construction Council of Ontario.
3The responding party was duly served with the application on June 22, 2001, according to the Certificate of Delivery filed by the applicant and failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4The Board is satisfied 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 appear to be members of the applicant at the time the application was made.
5The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
6The applicant has named two corporate entities as the employer and relies on sections 1(4) and 69 of the Act. The applicant asserts that the two responding parties are “related employers carrying on business under common control and direction…and/or a sale of a business has occurred from Estate Electric (1983) Ltd. To Global Electric & Lighting Inc….” At this point, the Board cannot determine whether the two responding parties are one employer for purposes of the Act or, if there had been a sale of the business, which one of the two responding parties was the employer on the date of the application. Therefore, the determination of the appropriate bargaining unit will be determined following the representation vote.
7Having regard to the Board's finding in paragraph 4 above, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all electricians and electricians’ apprentices in the employ of Global Electric & Lighting Inc. and/or Estate Electric (1983) Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all electricians and electricians’ apprentices in the employ of Global Electric & Lighting Inc. and/or Estate Electric (1983) Ltd. in all other sectors of the construction industry in the Regional Municipality of Hamilton‑Wentworth, the City of Burlington, that portion of the geographic Township of Beverly annexed by North Dumfries Township and that portion of the Town of Milton within the geographic Townships of Nassagaweya and Nelson, save and except non-working foremen and persons above the rank of non‑working foreman.
8The vote will be held on July 3, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9The 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.
10All individuals who were employed by Global Electric & Lighting Inc. and/or Estate Electric (1983) Ltd. and at work in the voting constituency on June 22, 2001 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12Any 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.
13This matter is referred to the Registrar.
14This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board