Ontario Labour Relations Board
File No.: 0135-01-R Date: April 17, 2001
Between: Bricklayers, Masons, Independent Union of Canada, Local 1, Applicant v. Penegal Trim & Supply Ltd., Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
Before: David A. McKee, Vice-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, pursuant to section 113 of the Act. The intervenor challenges this finding, and is entitled to raise this issue at any hearing.
3The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure. The intervenor also filed an intervention.
4The response and the intervention raise a number of issues.
5The intervenor challenges the status of the applicant as a trade union. This can be raised at a hearing and is not a reason not to hold a vote.
6The responding party has given timely notice of a numerically relevant challenge under section 8.1. Accordingly, the ballot box will be sealed, pursuant to section 8.1(4).
7This application is brought as a displacement application. The collective agreement filed has a term of July 24, 1997 to June 30, 2000. The responding party asserts this was renewed on July 1, 2000 with a terminal date of June 30, 2003. If this is the case, the application is untimely.
8The intervenor asserts this application is barred by section 10(3) of the Act. In Ontario Lottery & Gaming Corporation c.o.b. Windsor Racetrack Slots (Board File 2997-00-R, April 12, 2000), the Board determined that section 10(3) of the current Act applies to any dismissal within the past year, regardless of whether it occurred before or after December 30, 2000. What has not been determined is the manner in which this section might apply. In addition, the Board cannot determine the validity of this objection as it has been provided with neither the proposed bargaining unit (which is what section 10(3) focuses on) in the earlier application, nor the list of employees (if that is relevant). Accordingly, the matter may be argued at a hearing, but cannot be determined at this time and is therefore not a reason not to hold a vote.
9It 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.
10The 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.
11The Board further finds that all carpenters and carpenters’ apprentices working on new subdivision work (7 or more units) in residential low-rise buildings (defined as non-elevated housing of not more than four (4) storeys in height, excluding basement) in the employ of the responding party 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, constitute a unit of employees of the responding party appropriate for collective bargaining.
12Having 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 carpenters and carpenters’ apprentices working on new subdivision work (7 or more units) in residential low-rise buildings (defined as non-elevated housing of not more than four (4) storeys in height, excluding basement) in the employ of the responding party 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.
13The vote will be held on April 19, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
14The 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.
15All individuals who were employed by Penegal Trim & Supply Ltd. and at work in the voting constituency on April 9, 2001 are eligible to vote.
16Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
17Any 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.
18This matter is referred to the Registrar.
“David A. McKee”
for the Board