Ontario Labour Relations Board
0211-01-R Kevin Ferrigan, Applicant v. United Steelworkers of America on behalf of its Local 9208, Responding Party v. Richards-Wilcox Builders Hardware Inc., Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; April 25, 2001
The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on April 20, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Richards-Wilcox Builders Hardware Inc., with an effective date of June 8, 1998, until June 7, 2001. The bargaining unit description in that collective agreement is as follows:
all employees of Richards-Wilcox Builders Hardware Inc. in the Municipality of Toronto save and except supervisors, persons above the rank of supervisors, and office, clerical and sales staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
It 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.
The responding party seeks a dismissal of the application without a vote under subsection 63(16) of the Act. Having considered the parties’ submissions, the Board declines to dismiss the application at this stage without a vote. The allegations made in support of this request may be dealt with at a hearing after the vote. There may also be a difference between the parties about whether the employees are currently represented by United Steelworkers of America, Local 9208 or by United Steelworkers of America, Local 13571-38. This issue may also be dealt with at a hearing after the vote, if necessary.
The Board directs that a representation vote be taken of the employees of Richards-Wilcox Builders Hardware Inc. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on April 20, 2001, the application filing date, will be eligible to vote.
The vote will be held on April 27, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Richards-Wilcox Builders Hardware Inc.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
Any 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 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. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board