0396-01-R Canadian Union of Skilled Workers, Applicant v. K-Line Maintenance & Construction Ltd., Responding Party v. IBEW Construction Council of Ontario, Intervenor.
BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members J. Knight and A. Haward.
DECISION OF THE BOARD; May 4, 2001
1This is a displacement application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board has not found that the applicant is a trade union within the meaning of sections (1) and 126 of the Act. Accordingly, the applicant will have to prove its status at the hearing of this application.
3The employees are currently represented by the intervenor.
4The responding party and intervenor filed their response and intervention with the Board on May 3, 2001. The responding party and the intervenor dispute the applicant’s estimate of the numbers of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party and intervenor propose a different bargaining unit than that proposed by the applicant and contend that the applicant’s proposed bargainaing unit is not appropriate. The responding party gives notice under section 8.1 of the Act.
5The 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 finds that the numerical difference between the parties is significant. The Board hereby directs that the ballot box be sealed and the ballots cast not counted until the parties agree or the Board so orders.
6The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
7The Board declines to make a determination at this time with respect to the proposed bargaining unit. This matter may be raised with the panel of the Board hearing this matter after the representation vote.
8Having 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 foremen, journeymen, linemen-splicers, apprentice linemen-splicers, groundman/equipment operators, groundman/drivers, groundmen, utilitymen and foresters in the employ of K-Line Maintenance & Construction Ltd. in all sectors of the construction industry in the Province of Ontario, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
9The vote will be held on May 10, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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.
11All individuals who were employed by K-Line Maintenance & Construction Ltd. and at work in the voting constituency on April 30, 2001 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
13Any 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.
14This matter is referred to the Registrar.
“John Morgan Lewis”
for the Board