Ontario Labour Relations Board
0107-01-R Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Fernbrook Homes Ltd., Responding Party v. Universal Workers Union, Labourers’ International Union of North America Local 183, Intervenor.
BEFORE: David A. McKee, Vice‑Chair.
DECISION OF THE BOARD; April 12, 2001
1This is a displacement application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The employees are currently represented by the intervenor.
4The responding party and intervenor were duly served with the application on April 9, 2001, according to the Certificate of Delivery filed by a general counsel for the applicant and filed their response and intervention with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
5The intervenor filed its intervention in a timely fashion.
6It 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.
7The 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.
8The Board further finds that all construction employees in the employ of the responding party engaged in the on-site construction of all types of low rise housing only, and their natural amenities, while working in the County of Simcoe and 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, save and except employees as non-working foremen, watchmen and engineering staff constitute a unit of employees of the responding party appropriate for collective bargaining.
9Having 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 construction employees in the employ of Fernbrook Homes Ltd. in all sectors of the construction industry in the County of Simcoe and 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, save and except employees employed as non-working foremen, watchmen and engineering staff.
10The vote will be held on April 18, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
11The 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.
12All individuals who were employed by Fernbrook Homes Ltd. and at work in the voting constituency on April 7, 2001 are eligible to vote.
13Voters 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.
14Any 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.
15This matter is referred to the Registrar.
“David A. McKee”
for the Board