Ontario Labour Relations Board
0364-00-R Labourers’ International Union of North America, Applicant v. Jackson Roofing Ltd., Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: D. L. Gee, Vice‑Chair.
DECISION OF THE BOARD; May 2, 2001
Decision
1This is a displacement 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.
3It 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.
4The responding party disputes the applicant’s estimate of the numbers of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party proposes a bargaining unit different from that proposed by the applicant and contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act. The responding party, however, agrees that the ballots cast may be counted.
5The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant against the information provided by the responding party, it appears that the percentage of the individuals who appear to be members of the trade union may not be 40 per cent or more in the bargaining unit proposed by the applicant. Having regard to the agreement of the responding party, the Board directs that the ballots cast in the representation vote be counted.
6The 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.
7The Board directs that a representation vote be taken of the individuals in the following voting constituency:
the workers of Jackson Roofing Ltd. who perform the work described in Schedule “A” [Residential Roofing] as well as the metalmen who perform the work described in Schedule “B” [Metalwork] to the Collective Agreement between the Intervenor and the Residential Roofing Contractors Association of Metropolitan Toronto excluding non-working foremen, hourly servicemen, flatroofers, aluminum/vinyl applicators, persons engaged in re-roofing, office, warehouse/shop workers, clerical workers and persons above the rank of foreman, engaged in the application of shingles and other roofing materials in new subdivision work (3 or more units) in residential lowrise buildings (defined as non-elevated housing of not more than four (4) storeys in height excluding basement) in the following geographic areas:
The Municipality of Metropolitan Toronto, the Regional Municipalities of Peel and York, the Town of Oakville and Halton Hills and that portion of the Town of Milton within the geographic Township of Esquesing and the Towns of Ajax and Pickering in the Regional Municipality of Durham (OLRB Board Area 8); and
The Regional Municipality of Durham (except for the Township of Ajax and Pickering) the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria (OLRB Board Area 9); and
The County of Simcoe and the District Municipality of Muskoka (OLRB Board Area 18); and
The Regional Municipality of Hamilton-Wentworth, the City of Burlington, that portion of the geographic Township of Beverly annexed by North Dumfries Township and that portion of the Town of Milton within the geographic Township of Nassagaweya (OLRB Board Area 26).
For additional clarity, custom homes are excluded.
8The vote will be held on May 4, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9The 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.
10All individuals who were employed by Jackson Roofing Ltd. and at work in the voting constituency on April 27, 2001 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
12Any 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.
13This matter is referred to the Registrar.
“D. L. Gee”
for the Board