Universal Workers Union, Labourers’ International Union of North America Local 183 v. Amlin Contracting Ltd.
File No.: 0510-01-R Date: 2001-06-13 Ontario Labour Relations Board
Before: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
Decision of the Board
1The only issue remaining in this application for certification in the construction industry is the description of the appropriate bargaining unit. The Board (differently constituted) in its decision dated May 15, 2001 directing a representation vote, stated in paragraph 6 “……before the Board determines the appropriate bargaining unit in this case, the applicant must satisfy the Board that it is entitled to apply for certification in relation to the ICI sector of the construction industry based on employees who were at work on the application date in Board Area 8.”
2The applicant filed its submissions by letter dated May 25, 2001, together with a copy of the Labourers’ Employee Bargaining Agency Designation and a copy of Article 1 – Recognition of the Labourers’ ICI provincial collective agreement.
3Having reviewed the applicant’s detailed submissions and documents, the Board is satisfied that the applicant is entitled to apply for certification in the ICI sector pursuant to section 158 of the Labour Relations Act, 1995 (the “Act”).
4The Board therefore finds pursuant to section 158(1) of the Act, that all construction labourers 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 construction labourers in the employ of the responding party in all other sectors of the construction industry 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, save and except non-working foremen and persons above the rank of non‑working foreman, 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.
5On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
6Section 160(1) of the Act, which states as follows, provides for the issuance of more than one certificate if the applicant has the requisite support:
- (1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
Therefore, pursuant to section 160(1) of the Act, a certificate will issue to the applicant affiliated bargaining agent on its own behalf and on behalf of all other affiliated bargaining agents of the Labourers’ International Union of North America and the Labourers’ International Union of North America, Ontario Provincial District Council in respect of all construction labourers in the employ of Amlin Contracting Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non‑working foreman.
7Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all construction labourers in the employ of Amlin Contracting Ltd. in all sectors of the construction industry in 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.
8The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
9The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“Inge M. Stamp”
for the Board