Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. Fibrecast Inc.
File No.: 1259-01-R Date: July 31, 2001
Before: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that Local 1 of the International Union of Bricklayers and Allied Craftworkers is a trade union within the meaning of sections 1(1) and 126 of the Act. The Board further finds that it is one of the constituent trade unions of the applicant. All membership evidence submitted is in the name of Local 1.
3The Board further finds that the applicant is a council of trade unions within the meaning of sections 1(1) and 126 of the Act.
4The Board is satisfied that the constituent trade unions of the applicant have vested appropriate authority in the applicant to enable it to discharge the responsibilities of a bargaining agent within the meaning of section 12(1) of the Act.
5The Board also finds that the applicant 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 April 12, 1978, the designated employee bargaining agency is the International Union of Bricklayers and Allied Craftsmen and The Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen.
6The responding party filed a response on July 30, 2001. This was within the time prescribed by the Board’s Rules of Procedure and therefore timely. The responding party has given notice under section 8.1, and therefore the ballot box will be sealed unless the parties agree to open it and count some or all of the ballots cast.
7The responding party raises a number of issues which can be dealt with after the holding of a representation vote. However, it may be of assistance to the responding party to set out the following general principles:
(1) Employees who work in a manufacturing facility or plant, who are not commonly associated in work or bargaining with “Field” employees, would not normally be included in the unit sought by the applicant. That is, if the Board were to issue a certificate, the trade union would not have representation rights with respect to persons engaged in
manufacturing activities who are not commonly associated with those who perform Fieldwork.
(2) Persons employed as construction labourers on the date of application would not generally be included in a bargaining unit of bricklayers and bricklayers’ apprentices. The applicant does not appear to seek to represent such persons for the purpose of collective bargaining.
8It 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.
9The 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.
10The Board further finds, pursuant to section 158(1) of the Act, that all journeymen and apprentice bricklayers, stonemasons and plasterers and improvers in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and apprentice bricklayers, stonemasons and plasterers and improvers in the employ of the responding party in all other sectors of the construction industry in the County of Brant and that portion of the Regional Municipality of Haldimand-Norfolk coming within the former County of Norfolk, and in the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills and that portion of the Town of Milton within the geographic Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, save and except non-working foremen and persons above the rank of non-working foreman, constitute a unit of employees of the responding party appropriate for collective bargaining.
11Having 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 journeymen and apprentice bricklayers, stonemasons and plasterers and improvers in the employ of Fibrecast Inc. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and apprentice bricklayers, stonemasons and plasterers and improvers in the employ of Fibrecast Inc. in all other sectors of the construction industry in the County of Brant and that portion of the Regional Municipality of Haldimand-Norfolk coming within the former County of Norfolk, and in the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills and that portion of the Town of Milton within the geographic Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, save and except non-working foremen and persons above the rank of non‑working foreman.
12The vote will be held on August 2, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
13The 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.
14All individuals who were employed by Fibrecast Inc. and at work in the voting constituency on July 26, 2001 are eligible to vote.
15Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
16Any 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.
17This matter is referred to the Registrar.
“David A. McKee”
for the Board