Teamsters Local Union No. 230 v. Sure-Way Metal Products Ltd.
File No.: 1583-01-R Date: September 13, 2001
Applicant: Teamsters Local Union No. 230, Affiliated with the International Brotherhood of Teamsters Responding Party: Sure-Way Metal Products Ltd. Intervenor: Sheet Metal Workers’ International Association, Local 30
Before: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and D. A Patterson.
DECISION OF THE BOARD
1This is an application for certification.
2The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
3It 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.
4The intervenor in this matter asserts that it has bargaining rights pursuant to the Sheet Metal Construction Industry ICI Provincial Collective Agreement for employees of the responding party. It does not assert that the application is untimely, or that a representation vote should not be ordered.
5The responding party indicated in its response that it was filing a section 8.1 objection, but it agreed with the number of individuals estimated by the applicant to be in its proposed bargaining unit. For that reason alone, the responding party’s section 8.1 objection is invalid.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Sure-Way Metal Products Ltd. employed in and out of 151 Villarboit Crescent in the City of Vaughan, save and except foremen and persons above the rank of foreman and persons covered by a subsisting collective agreement.
7The vote will be held on September 17, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on September 5, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 5, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
9There may be a dispute between the parties concerning the precise scope of the exemption in respect of employees covered by a subsisting collective agreement and/or represented by the intervenor. To the extent there is such a dispute and an individual affected by it wishes to cast a ballot, any such ballot cast shall be segregated and not counted until the Board so orders.
10Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
11The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
12Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board 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. 4: Status Disputes in Certification Applications (Non-Construction).
13The matter is referred to the Registrar.
“Patrick Kelly”
for the Board