Drywall Acoustic Lathing and Insulation Local 675 v. 1317404 Ontario Limited, 2001 CanLII 14749

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1317404 Ontario Limited o/a Vanderwal Construction

2406-00-R Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. 1317404 Ontario Limited o/a Vanderwal Construction, Responding Party.

2585-00-U Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. 1317404 Ontario Limited o/a Vanderwal Construction, Responding Party.

BEFORE: Inge M. Stamp, Vice-Chair.

DECISION OF THE BOARD; April 10, 2001

1Board File No. 2406-00-R is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the “Act”).

2Board File No. 2585-00-U is an application under section 96 of the Act alleging that the responding party has violated sections 70 and 72.

3By decision dated November 17, 2000 the Board directed a representation vote be taken of the individuals at work in the bargaining unit on the application date. Paragraph 5 of that decision states:

The Board further finds, pursuant to section 158(1) of the Act, that all carpenters and carpenters’ apprentices 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 carpenters and carpenters’ apprentices in the employ of the responding party in all other sectors of the construction industry in 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, 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.

4Pursuant to paragraph 11 of the decision directing the vote, the parties made their representations and the matter was scheduled for hearing on April 9, 10 and 23, 2001.

5On the day of the hearing on April 9, 2001, the parties entered into the following Minutes of Settlement:

Re OLRB File Nos. 2406-00-R

2585-00-U

Between:

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America

Applicant

and

1317404 Ontario Limited o/a Vanderwal Construction

Responding Party

Minutes of Settlement

The parties hereby agree to resolve their differences in these matters as follows:

1. The ballots cast in the original vote held on November 21, 2000, shall not be counted.

2. A new Board supervised vote shall be held at the Board’s offices at 505 University Ave. in Toronto from 2:00 p.m. to 2:30 p.m. on May 7, 2001.

3. The Voters list shall be comprised of the following individuals:

i. Daniel, Andrew

ii. MacDonald, Douglas

iii. McEachren, Pat

iv. Pflanzer, Robert

v. Prelaz, Adrian

vi. Prelaz, Paolo

4. The Responding Party will forthwith provide current addresses and phone numbers for employees iii, v and vi on the voters list described in paragraph 3 herein.

5. The Responding Party shall forthwith pay Robert Pflanzer the sum of $360.00.

6. Subject to any complaint that may be made regarding the conduct of the vote, the parties hereby request the Board to treat the vote agreed to herein a vote in accordance with the Labour Relations Act, 1995, and shall grant the relief contemplated by the Act that is appropriate with the outcome of the vote.

Dated at Toronto This 9th day of April 2001

(“S. Pflanzer”)

for the Applicant

S. Pflanzer April 9/01

(“James Vanderwal”) James Vanderwal

for the Responding Party

6Pursuant to the Minutes of Settlement, the Board directs that a new representation vote be held in this matter in the voting constituency set out in paragraph 6 of the earlier decision.

7The vote will be held on May 7, 2001. Vote arrangements are set out on the attached “Notice to Employees of Application and of Vote”.

8Pursuant to the Minutes of Settlement the following individuals are eligible to vote:

Daniel, Andrew

MacDonald, Douglas

McEachren, Pat

Pflanzer, Robert

Prelaz, Adrian

Prelaz, Paolo

9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.

10This matter is referred to the Registrar.

“Inge M. Stamp”

for the Board