0282-01-R Construction Workers Local 53, CLAC, Applicant v. Lockhart Electric (Sarnia) Ltd., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 22, 2001
1No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of April 27, 2001.
2In its decision of April 27, 2001, the Board directed a vote in the following voting constituency because it was not certain whether the responding party employed persons other than journeymen electricians and electrician’s apprentices on the date of application:
all employees in the employ of Lockhart Electric (Sarnia) Ltd. in all sectors of the construction industry in The County of Lambton, save and except non-working foreman and persons above the rank of non-working foreman.
3On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the voting constituency were cast in favour of the applicant.
4The applicant proposed a bargaining unit limited to journeymen electricians and apprentice electricians. The responding party, in its response, agreed to that description. Prior to the vote, however, the parties agreed to use to the description of the voting constituency as the bargaining unit description.
5For reasons issued today in Ogilvie Electric Inc., Board File No. 0281-00-R, decision dated May 22, 2001, the Board does not accept the parties’ agreed upon bargaining unit description.
6Although the voting constituency was described in terms of all employees of the responding party, the only persons who attended at the vote were electricians and electricians’ apprentices. The Board is satisfied on the basis of the material before it that the responding party did not, on the application date, employ any person to perform construction work other than journeyman electricians and electricians’ apprentices. The Board finds that all journeymen electricians and electricians’ apprentices in the employ of Lockhart Electric (Sarnia) Ltd. 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 constitute a unit of employees appropriate for collective bargaining.
7A certificate will issue to the applicant.
8The 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.
9The 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.
“Harry Freedman”
for the Board