0346-01-R Belmiro Cruz, Applicant v. Bricklayers, Masons Independent Union of Canada, Local 1 and Labourers’ International Union of North America, Local 183 and Masonry Council of Unions Toronto and Vicinity, Responding Parties.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; May 2, 2001
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
This application was fi1ed on April 27, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Brickland Masonry Contracting with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
The Bricklayers, Masons Independent Union of Canada, Local 1 is the sole and exclusive bargaining agent for all employees of the Employer, including bricklayers, stonemasons, bricklayers’ and stonemasons apprentices, bricklayers’ and stonemasons’ assistants and forklift drivers as defined in Schedule “A”, engaged in all types of construction including but not limited to High Rise Residential, Low Rise Residential, Industrial, Commercial and Institutional construction and also including but not limited to renovation, alteration and repairs, save and except those persons above the rank of foreman, office and clerical staff, while working in the Province of Ontario
The Masonry Council of Unions Toronto and Vicinity, on behalf of its members the Labourers’ International Union of North America, Local 183 and the Bricklayers, Masons Independent Union of Canada, Local 1 as the sole and exclusive bargaining agent for all employees of the employer, including bricklayers, stonemasons, bricklayers’ and stonemasons’ apprentices, bricklayers’ and stonemasons’ trainees, bricklayers’ and stonemasons’ assistants and forklift drivers as defined in Schedule “A”, engaged in the construction of all phases of residential housing and apartments and other work as contracted including the fabrication, renovation, alteration, erection and finishing thereof and similar work, save and except those persons above the rank of foreman, office and clerical staff, while working in the Greater Toronto area and throughout the Province of Ontario.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
The Board directs that a representation vote be taken of the employees of Brickland Masonry Contracting employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
The vote will be held on May 4, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Brickland Masonry Contracting, Member of Masonry Contractors’ Association of Toronto Inc.
The responding party seeks the dismissal of the application under section 63(16) of the Act. The responding party submits that the employer and those acting on its behalf initiated the application. This can be dealt with before the panel scheduled to hear this application.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations 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. 10: Status Disputes in Termination Applications in the Construction Industry.
The matter is referred to the Registrar.
“Marilyn Silverman”
for the Board