Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Talic Woodwork Ltd.
File No.: 1430-01-R Date: October 3, 2001
Before: Marilyn Silverman, Vice-Chair, and Board Members J. 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 responding party (the "employer") did not file a response to the application nor did it participate in the application in any way. A vote was held and the majority of employees voted in favour of the applicant.
3By decision dated September 25, 2001 the Board requested submissions from the responding party to the request of the applicant to amend the name of the responding party. By letter dated September 30, 2001 the responding party asserted that the employees who voted were not its employees. That submission is not responsive to the Board's inquiry of September 25, 2001 and is not a submission that will be considered in the application as a whole as it is made too late in the day. The responding party made no submission on the proposed amendment to the name of the responding party.
4The name of the responding party in the notice of vote and on the ballots was "Art Woodwork Ltd.". The name that the applicant now proposes for the certificate is "Talic Woodwork Ltd., carrying on business as Art Woodwork". Having considered the name change requested, the panel is satisfied that the employees who voted knew the employer that was being referred to.
5The style of cause is hereby amended to reflect the correct name of the responding party: "Talic Woodwork Ltd., carrying on business as Art Woodwork".
6The only representations received after the holding of the representation vote are dealt with in paragraphs 3 and 4 above.
7In its decision of August 20, 2001, the Board found the following bargaining unit to be appropriate for collective bargaining:
all carpenters and carpenters' apprentices in the employ of Art Woodwork Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all carpenters and carpenters' apprentices in the employ of Art Woodwork Ltd. in all other sectors of the construction industry in 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 non-working foremen and persons above the rank of non-working foreman.
8On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
9Section 160(1) of the Act, which states as follows, provides for the issuance of more than one certificate if the applicant has the requisite support:
- (1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
Therefore, pursuant to section 160(1) of the Act, a certificate will issue to the applicant affiliated bargaining agent on its own behalf and on behalf of all other affiliated bargaining agents of the United Brotherhood of Carpenters and Joiners of America and the Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America in respect of all carpenters and carpenters' apprentices in the employ of Talic Woodwork Ltd., carrying on business as Art Woodwork in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non-working foreman.
10Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all carpenters and carpenters' apprentices in the employ of Talic Woodwork Ltd., carrying on business as Art Woodwork in all sectors of the construction industry in 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, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
11The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
12The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
"Marilyn Silverman"
for the Board