1696-01-R Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Adlers Main Tile & Carpet Co. Ltd., Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 21, 2001
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Act. Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the 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 this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
5The Board further finds that all carpenters and carpenters’ apprentices in the employ of the responding party in all sectors of the construction industry in, 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, constitute a unit of employees of the responding party appropriate for collective bargaining.
6Having 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 carpenters and carpenters’ apprentices in the employ of Alders Main Tile & Carpet Co. Ltd. in all sectors of the construction industry in 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.
7The responding party has raised an objection under section 8.1 of the Act in that it disagrees with the union’s estimate of the number of individuals in the bargaining unit included in the application for certification. It asserts that there are no employees in that bargaining unit since the two individuals listed on Schedule “A” to its response are independent contractors or employees of independent contractors. This issue will be dealt with by the Board at a hearing after the vote, if necessary. The section 8.1 notice does not, however, raise a numerically significant challenge. Accordingly, the ballot box will not be sealed on that basis. (See for example, 1239018 Ontario Ltd. (c.o.b. as Lucky Carpentry), (Unreported, Board File No. 0354‑01-R, June 5, 2001) and Blue Line Taxi Co. (Unreported, Board File No. 2989‑99‑R, January 13, 2000).
8The vote will be held on September 25, 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 Alders Main Tile & Carpet Co. Ltd. and at work in the voting constituency on September 18, 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.
“Caroline Rowan”
for the Board