3557-00-R Universal Workers Union, Labourers International Union of North America Local 183, Applicant v. Alliance Homes Inc. and/or Alliance Homes (Port Inc. and/or 1301466 Ontario Limited and/or Alliance Homes Inc. (MGMT.), Responding Party.
3769-00-U Universal Workers Union, LIUNA Local 183, Applicant v. Alliance Homes Inc. and/or Alliance Homes (Port) Inc. and/or 1301466 Ontario Limited and/or Alliance Homes Inc. (MGMT.), Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; December 7, 2001
- Further to the Board’s decision dated December 6, 2001, the Board ordered that a further representation vote be taken in Board File No. 3557-00-R. Prior to the continuation of hearing in these matters, the parties met with a Labour Relations Officer and entered into the following Minutes of Settlement, which addressed many of the voting arrangements. The Minutes of Settlement are set out as follows:
O.L.R.B. File 3557-00-R
Between:
Universal Workers Union, Labourers International Union of North America Local 183
“Applicant”
- and -
Alliance Homes Inc. and/or Alliance Homes (Port) Inc.
and/or 1301466 Ontario Limited and/or Alliance Homes
Inc. (MGMT)
“Responding Party”
Pursuant to the OLRB’s decision dated December 6, 2001 directing a second representation vote, the above parties agree to the following vote arrangements for this second vote:
- Voters’ List
George Hedley
James Ligas
Paul Lippett
Phil Murphy
Ryan Phillips
Dan Ressler
Wayne Stephenson
The parties agree that, with the exception of Dan Ressler, the above individuals are eligible voters. The Applicant challenges the eligibility of Dan Ressler on the basis that he has become an excluded managerial employee since the time of the first vote. The Responding Party submits that Dan Ressler is an eligible voter for purposes of a second representation vote.
- Location
An appropriate space to be determined by the OLRB at the Travelodge, 50 Norfinch Road, Vaughan.
Date: to be determined by the OLRB after hearing the submissions of parties.
Time of Poll: 7:30 a.m. – 8:00 a.m.
Scrutineers at Vote:
Applicant: Harold St. Croix or his designate
Responding Party: Alexander Troop
- Agents at the Count of the Vote
Applicant: Harold St. Croix or his designate
Responding Party: Alexander Troop
Signed at Toronto, Ontario this 7th day of December, 2001.
(“Harold St. Croix”) (“Alex Troop”)
the Applicant the Responding Party
Harold St.Croix Alex Troop
As noted in the Minutes of Settlement, the Board heard submissions from the parties with respect to the date of the second representation vote. After considering the submissions of the parties, the Board ruled that the further representation vote would take place on December 18, 2001.
The Board directs that a further representation vote be taken of the individuals in the following voting constituency which was agreed upon by the parties:
all construction labourers in the employ of Alliance Homes Inc. and/or Alliance Homes (Port) Inc. and/or 1301446 Ontario Limited and/or Alliance Homes Inc. (MGMT.) in all sectors of the construction industry 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; the Regional Municipality of Durham (except for the Towns of Ajax and Pickering) the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria; 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.
The vote will be held on Tuesday, December 18, 2001. Vote arrangements are set out on the attached "Notice of Vote”.
The responding party is directed to post copies of the Board’s decision dated December 6, 2001 together with this decision and the "Notice of Vote" in a location or locations where they are most likely to come to the attention of those individuals who are eligible to vote.
On agreement of the parties, the following individuals are eligible to vote: George Hedley, James Ligas, Paul Lippett, Phil Murphy, Ryan Philips, Dan Ressler and Wayne Stephenson. The Board notes that the applicant challenges the eligibility of Dan Ressler.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
Any 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.
This matter is referred to the Registrar.
“John Morgan Lewis”
for the Board