Sheet Metal Workers International Association, Local No. 47 v. 3391205 Canada Inc. c.o.b. as Germain & Frere
File No.: 1310-01-R Date: August 8, 2001 Before: John Morgan Lewis, Vice-Chair
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 and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on April 28, 1986, the designated employee bargaining agency is the Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference consisting of Locals 30, 47, 235, 392, 397, 473, 504, 537, 539, 562 and 629 of the Sheet Metal Workers’ International Association.
3The responding party was duly served with the application on August 2, 2001, according to the Certificate of Delivery filed by the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4It 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.
5The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
6The Board further finds, pursuant to section 158(1) of the Act, that all journeymen and apprentice sheet metal workers, sheeters, sheeters’ assistants and material handlers in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and apprentice sheet metal workers, sheeters, sheeters’ assistants and material handlers in the employ of the responding party in all other sectors of the construction industry in the United Counties of Stormont, Dundas and Glengarry, 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.
7Having 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 journeymen and apprentice sheet metal workers, sheeters, sheeters’ assistants and material handlers in the employ of 3391205 Canada Inc. c.o.b. as Germain & Frere in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all journeymen and apprentice sheet metal workers, sheeters, sheeters’ assistants and material handlers in the employ of 3391205 Canada Inc. c.o.b. as Germain & Frere in all other sectors of the construction industry in the United Counties of Stormont, Dundas and Glengarry, save and except non-working foremen and persons above the rank of non‑working foreman.
8The parties have advised the Board that the job site identified in the application on which the employees were working is no longer active. Accordingly, the posting of Form B-60 (Notice of Vote and of Meeting) will not come to the attention of the employees affected by this application. The responding party has provided addresses for those employees whom it asserts were working in the bargaining unit on the date of application. In the circumstances the Board directs the Registrar to mail to each of the identified employees a copy of the application for certification, the “Notice to Employees of Application for Certification”, this decision and the "Notice of Vote and of Meeting" at the addresses provided by the responding party. This will result in a delay in the vote but it cannot be helped in the circumstances. The vote will be held on August 17, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9All individuals who were employed by 3391205 Canada Inc. c.o.b. as Germain & Frere and at work in the voting constituency on August 1, 2001 are eligible to vote.
10Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
11Any 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.
12This matter is referred to the Registrar.
“John Morgan Lewis”
for the Board