Ontario Labour Relations Board
0321-01-R Labourers’ International Union of North America, Applicant v. Aspen Aluminum, Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; April 30, 2001
Decision of the Board
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act"). The applicant seeks to displace the intervenor as bargaining agent for employees currently covered by the intervenor’s Exterior Cladding Installation Collective Agreement. The recognition provision of that collective agreement provides as follows:
2.01 The Contractor recognizes the Union as the sole and exclusive bargaining agent for all construction workers of the Contractor engaged in new Residential subdivision construction (defined as 3 or more units) in residential low-rise buildings (defined as non-elevated housing of not more than 4 storeys in height excluding basement) in the installation of aluminum and vinyl siding, eavestroughing, soffit and fascia, in the Province of Ontario, save and except non-working foremen, persons above the rank of non-working foreman, office and clerical staff.
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3It 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.
4The Board further finds that the unit sought by the applicant as set out in paragraph 1 above constitutes a unit of employees of the responding party appropriate for collective bargaining.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction workers in the employ of Aspen Aluminum engaged in new residential subdivision construction (defined as 3 or more units) in residential low-rise buildings (defined as non-elevated housing of not more than 4 storeys in height excluding basement) in the installation of aluminum and vinyl siding, eavestroughing, soffit and fascia, in the Province of Ontario, save and except non-working foremen, persons above the rank of non-working foreman, office and clerical staff.
6The vote will be held on May 2, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
7The 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.
8All individuals who were employed by Aspen Aluminum and at work in the voting constituency on April 25, 2001 are eligible to vote.
9Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
10Any 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.
11This matter is referred to the Registrar.
“D. L. Gee”
for the Board