Universal Workers Union, Labourers’ International Union of North America Local 183 v. Baycliffe Homes Inc.
0925-01-R Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. Baycliffe Homes Inc., Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 2, 2001
DECISION
1This is an application for certification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, S. O. 1995 ch.1 (the “Act”). There are two outstanding issues in this application.
2First the responding party takes the position that the bargaining unit should include both Board Areas 8 and 9 for the reasons set out in its submissions. The Board has, for reasons arising out of the nature of employment in the construction industry, never found the kinds of submissions the responding party makes to have the same weight in construction applications as they do in a regular certification. This practice is now set out in section 158(2) of the Act which provides:
- (2) Despite subsection 128(1), a trade union represented by an employee bargaining agency may bring an application for certification in relation to a unit of employees employed in all sectors of a geographic area other than the industrial, commercial and institutional sector and the unit shall be deemed to be a unit of employees appropriate for collective bargaining.
3Simply put, the Act permits the applicant to seek a bargaining unit confined to Board Area 9. The Board will not count the votes cast by persons who were working in Brampton or Maple on the application date.
4It will be necessary to hear evidence to determine if the ballots cast by Carlo Boticella and Joe Verdirame should be counted. Not less than 10 days before the first day set for hearing in this matter, both parties should exchange relevant documents on this issue. Specifically, the responding party is directed to produce all documents in its possession respecting work performed by the disputed individuals for Baycliffe Homes, including but not limited to payroll records, time or work records, invoices, purchase orders, site notes and any other document. The applicant is directed to produce all documents in its possession with respect to the presence or absence of these two persons on job sites on the application date and the nature of work performed by them. If a privilege is asserted with respect to any document, the nature of the document and the privilege asserted must be delivered at the same time as the documents.
5The Registrar is directed to set this matter down for two days of hearing. I am not seized of this application.
“David A. McKee”
for the Board