0406-01-R Labourers’ International Union of America, Applicant v. Giancola Aluminum Contractors Ltd., Responding Party v. Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; May 4, 2001
[1]. This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act"). The applicant seeks to displace the intervenor as bargaining agent for:
all Construction Workers of the Contractor engaged in new Residential subdivision Construction (defined as 3 or more units) in residential lowrise buildings (defined as non-elevated housing of not more than 4 storeys in height excluding basement) in the installation of aluminum and vinyl siding, eavestroughing, soffit and fascia, in the Province of Ontario, save and except non-working foremen, persons above the rank of non-working foreman, office and clerical staff.
[2]. The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of 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 number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant and it 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 as against the information provided by the responding party, the Board cannot be certain that the numerical difference between the parties is not significant. The ballot box will be sealed and the ballots not counted until the Board so orders or the parties agree.
[6]. The Board further finds that the unit of employees described in paragraph 1 above constitutes a unit of employees of the responding party appropriate for collective bargaining.
[7]. Having regard to the Board's finding as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all Construction Workers of Giancola Aluminum Contractors Ltd. engaged in new Residential subdivision Construction (defined as 3 or more units) in residential lowrise buildings (defined as non-elevated housing of not more than 4 storeys in height excluding basement) in the installation of aluminum and vinyl siding, eavestroughing, soffit and fascia, in the Province of Ontario, save and except non-working foremen, persons above the rank of non-working foreman, office and clerical staff.
[8]. The vote will be held on May 8, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
[9]. The intervenor submits that the membership evidence filed does not represent membership evidence on behalf of 40% or more of the employees in the bargaining unit. The vote is ordered on the basis of the appearance of 40% as provided for in the Act. This issue can be raised before the panel scheduled to hear this application.
[10]. 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.
[11]. All individuals who were employed by Giancola Aluminum Contractors Ltd. and at work in the voting constituency on April 30, 2001 are eligible to vote.
[12]. Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
[13]. 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.
[14]. This matter is referred to the Registrar.
“Marilyn Silverman”
for the Board