Ontario Labour Relations Board
1310-01-R Sheet Metal Workers International Association, Local No. 47, Applicant v. 3391205 Canada Inc. c.o.b. as Germain & Frere, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; August 30, 2001
No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of August 8, 2001.
In its decision of August 8, 2001, the Board found the following bargaining unit to be appropriate for collective bargaining:
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.
On 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.
Section 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 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 in respect of 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, save and except non-working foremen and persons above the rank of non‑working foreman.
Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of 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 sectors of the construction industry in the United Counties of Stormont, Dundas and Glengarry, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.
The 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.
The 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.
“Harry Freedman”
for the Board