Construction Workers Local 53 v. Ogilvie Electric Inc.
File No.: 0281-01-R Date: 2001-04-27 Ontario Labour Relations Board
Between: Construction Workers Local 53, affiliated with the Christian Labour Association of Canada, Applicant v. Ogilvie Electric Inc., Responding Party.
Before: Mary Ellen Cummings, Alternate Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
1This is an 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.
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.
4This is an application for certification within the meaning of section 128 of the Act. The applicant is not an affiliated bargaining agent of a designated employee bargaining agency. Accordingly, this application is made pursuant to section 158(4) of the Act which provides as follows:
(4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf.
5The applicant has applied to represent the following bargaining unit:
all journeymen electricians and apprentice electricians in the employ of Ogilvie Electric Inc. in all sectors of the construction industry in The County of Lambton, save and except non-working foremen, office and clerical staff.
The responding party agrees that it is an appropriate bargaining unit.
6Because the applicant is not an affiliated bargaining agent, it can bring an application for certification with respect to all sectors of the construction industry in a particular Board Area, but it must bring the application with respect to all unrepresented employees at work in the construction industry. Given that the responding party is an electrical contractor, it is unlikely that it employs other construction trades. However, since we cannot be certain, we direct that a representation vote be taken among the following voting constituency:
all employees in the employ of Ogilvie Electric Inc. in all sectors of the construction industry in The County of Lambton, save and except non-working foremen and persons above the rank of non-working foreman.
7The vote will be held on May 1, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
8The 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.
9All individuals who were employed by Ogilvie Electric Inc. and at work in the voting constituency on April 25, 2001 are eligible to vote.
10Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
11Any 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.
12This matter is referred to the Registrar.
"Mary Ellen Cummings"
for the Board