Parties
0411-01-R Bricklayers, Masons Independent Union of Canada Local 1, Applicant v. Bayview-Wellington Construction Inc. and/or Bayview-Wellington Homes Inc., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. Knight and A. Haward.
DECISION OF THE BOARD; May 4, 2001
Decision
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party filed a response with the Board on May 3, 2001. The responding party disputes the applicant’s estimate of the numbers of employees in the applicant’s proposed bargaining unit. It gives notice under section 8.1 of the Act. The applicant has named both Bayview-Wellington Construction Inc. and/or Bayview-Wellington Homes Inc. in the application. The applicant asserts that the named employers constitute a single employer pursuant to section 1(4) of the Act. The responding party has indicated in its response that its correct name is “Bayview-Wellington Construction Inc.”
4The 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 not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
5The 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.
6The applicant is seeking to represent all construction labourers in the employ of the responding party in all sectors of the construction industry in Board Areas 5, 8 and 18, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman. The responding party asserts that there were no employees working on the date of application in Board Area 18 and that the proposed bargaining unit should exclude any reference to Board Area 18. The Board declines to make a determination at this time with respect to the proposed bargaining unit.
7Having regard to the Board's established practice of ordering a representation vote of the largest possible voting constituency, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Bayview-Wellington Construction Inc. in all sectors of the construction industry in the the Regional Municipality of Niagara and that portion of the Regional Municipality of Haldimand-Norfolk coming within the former County of Haldimand; 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; the County of Simcoe and the District Municipality of Muskoka, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
8The vote will be held on May 8, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9The 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.
10All individuals who were employed by Bayview-Wellington Construction Inc. and/or Bayview-Wellington Homes Inc. and at work in the voting constituency on April 30, 2001 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12Any 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.
13This matter is referred to the Registrar.
“John Morgan Lewis”
for the Board