Ontario Labour Relations Board
0345-01-R Jim Helmkay, Applicant v. Sheet Metal Workers International Association Local Union 537, Responding Party v. Peter Janzen Heating and Plumbing Inc., Intervenor.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; May 2, 2001
1The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2No response has been filed by the responding party. The Certificate of Delivery filed by the applicant certifies that the responding party was served with the application by facsimile transmission at 10:22 on April 27, 2001.
3This application was fi1ed on April 27, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Peter Janzen Heating and Plumbing Inc. with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all sheet metal workers and apprentices represented by the union in the Hamilton/Bradford/St.Catherines jurisdiction of the union in the employ of Janzen Heating and Plumbing working sectors of construction industry not coming within jurisdiction of the industrial, commercial and institutional (ICI) sector of the construction industry.
4Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
5It 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.
6The Board directs that a representation vote be taken of the employees of Peter Janzen Heating and Plumbing Inc. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
7The vote will be held on May 4, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
8Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Peter Janzen Heating and Plumbing Inc.
9The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.
10Any 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 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. 10: Status Disputes in Termination Applications in the Construction Industry.
11The matter is referred to the Registrar.
“Marilyn Silverman”
for the Board