Ontario Labour Relations Board
3658-00-R Brick and Allied Craft Union of Canada, Local 31 (formerly known as International Union of Brick & Allied Craft Union, Local 31), Applicant v. D’Amario Tile Ltd., Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; August 31, 2001
The parties to this application for certification, following meetings with a labour relations officer after the taking of the representation vote directed by the Board in its decision dated March 15, 2001, agreed to request that the Board schedule four days of hearing after December 15, 2001 to deal with the outstanding issues in this proceeding. The parties also had agreed to a timetable by which the applicant would provide its submissions relating to the persons it asserts ought to be added to the voters’ list and to its challenges to the voters’ list prepared by the responding party.
The responding party asserts all twenty-six persons on the list it prepared were engaged in bargaining unit work on the date of application. The applicant asserts that the number of persons performing bargaining unit work on the date of application was “greatly exaggerated” by the responding party. The applicant claims that five persons who were not on the list were eligible to vote and seeks to add those persons to the list. In addition to the list issues, the applicant submits that should it not be successful after the ballots are counted (once the list issues are resolved and a determination is made under section 8.1 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”) as the responding party gave a timely 8.1 notice) it will seek relief under section 11(1) of the Act. It appears that the applicant also filed an application under section 96 of the Act (Board File No. 0140-01-U).
The Board therefore refers this matter to the Registrar to be scheduled for four days of hearing commencing after December 15, 2001. The purpose of the hearing is to hear the evidence and representations of the parties on the issues identified by the parties in their discussions with the Labour Relations Officer, that is, the challenges to the list, whether the application must be dismissed under section 8.1 and, if necessary, whether the applicant is entitled to any relief under section 11 of the Act.
In accordance with the parties’ agreement, the applicant is directed to provide the responding party with its submissions on or before October 1, 2001 relating to the five persons it seeks to have added to the voters’ list. In addition, the applicant is directed to provide the responding party with its further submissions relating to the balance of the applicant’s challenges to the list not less than six weeks prior to the first day of hearing scheduled by the Registrar in this matter.
In addition to referring this matter to the Registrar, the Board also requests that the Manager of Field Services have a Labour Relations Officer convene a meeting with the parties between three and four weeks prior to the first scheduled day of hearing in this matter for the purpose of attempting to reach a resolution of some of the challenges, the order of proceedings before the Board and whether the application under section 96 in Board File No. 0140-01-U should also be listed for hearing at the same time as this application.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board