Universal Workers Union, Labourers’ International Union of North America Local 183 v. Con Lawn Construction & Landscaping Inc.
0511-01-R; 0849-01-U Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. Con Lawn Construction & Landscaping Inc., Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
APPEARANCES: Mark J. Lewis, Carlos Dionisio, Carlo DiGiovanni and Ozias Pinto appeared on behalf of the applicant; David Conn, Peter Serravalle and Pietro Serravalle appeared on behalf of the responding party.
DECISION OF THE BOARD; August 22, 2001
These matters are an application for certification and an unfair labour practice complaint. Universal Workers Union, Labourers’ International Union of North America Local 183 (the “Union”) and Con Lawn Construction & Landscaping Inc. (the “Company”) have entered into Minutes of Settlement in connection with these matters.
Pursuant to a Board decision dated May 15, 2001, the Board conducted a representation vote on May 17, 2001. No one attended to cast a ballot. As indicated in the remainder of this decision, the parties have agreed to have the Board conduct a new vote in order that the employees of the Company can vote on whether or not they wish to be represented by the Union. The parties have further agreed that the Company is required to arrange to have all of the employees attend at the Union’s Hall in order that representatives of the Union can speak with the employees. The Company will advise the employees of the time and date of the meeting and is required to ensure that the employees have transportation to the meeting. The meeting will take place during working hours and the employees will be paid their regular rate of pay for attending at the meeting and travel time to and from the meeting.
Having regard to the Minutes of Settlement entered into by the parties, the Board directs that a second representation vote be held on November 2, 2001 at the Howard Johnson’s Hotel, located at Keele St. and Highway 401 in Toronto. The vote will take place between 8:00 a.m. and 9:00 a.m.
All individuals who were employed by Con Lawn Construction & Landscaping Inc. and at work in the following voting constituency on May 9, 2001 are eligible to vote:
all construction labourers in the employ of Con Lawn Construction & Landscaping Inc. in all 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 and the Regional Municipality of Hamilton‑Wentworth, the City of Burlington, that portion of the geographic Township of Beverly annexed by North Dumfries Township and that portion of the Town of Milton within the geographic Townships of Nassagaweya and Nelson, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with Con Lawn Construction & Landscaping Inc.
Vote arrangements are set out in the attached “Notice of Vote and of Meeting”.
The Company is directed to provide to the Union, no later than August 12, 2001, a list of the names and telephone numbers of all persons that the Company claims are entitled to vote. The Company is directed to immediately provide the Union with any new telephone numbers for such persons if and when it becomes aware of them.
The Union is directed, between the date of the Minutes of Settlement and November 2, 2001 not to speak with Company employees on site, during working hours, in such way as to interfere with the work of such employees.
Upon receipt of a translated version of this decision from the Union, the Company is directed to provide a copy of this decision, in both English and Portuguese to all affected employees.
Prior to the second vote taking place, on a day selected by the Union and communicated to the Company, in the second half of October 2001 or after, the Company is hereby directed to ensure that all individuals who are eligible to vote attend at the Union’s Hall located at 1263 Wilson Ave., Toronto in order to meet with the Union during work hours for a period of two and one half hours. The Company is further directed to pay all such employees their regular rate of pay for all time spent at the meeting as well as spent travelling to and from the meeting.
The Company is directed to pay to the Union, no later than August 12, 2001, damages in the amount of $550.00 in settlement of Board File No. 0849-01-U and specifically in settlement of any claims therein concerning the termination of Mario Melo. Upon receipt of notification from the Union that such damages have been paid, the Board will grant leave to the Union to withdraw Board File No. 0849-01-U.
The responding party is directed to post copies of 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.
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.
“D. L. Gee”
for the Board