Construction Workers Local 53, CLAC v. Westhoek Construction Limited
1135-01-R Construction Workers Local 53, CLAC, Applicant v. Westhoek Construction Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; July 20, 2001
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.
3The responding party duly served with the application material on July 17, 2001, according to the certificate of delivery filed by the applicant, 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.
5This is an application for certification within the meaning of section 128 of the Act. The applicant is not an affiliated bargaining agent of a designated employee bargaining agency. Accordingly, this application is made pursuant to section 158(4) of the Act which provides as follows:
(4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf.
6The applicant has advised the Board that the responding party had in its employ, in the bargaining unit, only labourers and carpenters and carpenters’ apprentices on the application date. The response filed by the employer confirms that there are labourers and carpenters and their apprentices at work on the application date.
7The applicant has applied for a bargaining unit described as follows:
all carpenters, carpenter’s apprentices, and labourers employed by Westhoek Construction Limited in the county of Essex and the Municipality of Chatham-Kent save and except students employed for the summer vacation period, non-working foremen and persons above the rank of non-working foremen.
8The responding party disagrees with the applicant’s description in terms of the geographic reference and submits the appropriate unit is:
all carpenters, carpenter’s apprentices, and labourers employed by Westhoek Construction Limited in the Municipality of Chatham-Kent save and except students employed for the summer vacation period, non-working foremen and persons above the rank of non-working foremen.
The responding party states it does not perform work in the County of Essex on a regular basis.
9This is an application in the construction industry. Section 128 of the Act describes bargaining units in the construction industry in terms of the Board’s geographic areas. Section 128(1) states as follows:
- (1) Where a trade union applies for certification as bargaining agent of the employees of an employer, the Board shall determine the unit of employees that is appropriate for collective bargaining by reference to a geographic area and it shall not confine the unit to a particular project.
10The bargaining unit work on the application date was performed in Board Area No. 1 which is described as the Counties of Essex and Kent.
11Accordingly, having regard to the foregoing and the provisions of the Act, the Board further finds that all labourers and carpenters and carpenters’ apprentices in the employ of Westhoek Construction Limited in all sectors of the construction industry in the Counties of Essex and Kent, 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.
12Having 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 labourers and carpenters and carpenters’ apprentices in the employ of Westhoek Construction Limited in all sectors of the construction industry in the Counties of Essex and Kent, save and except non-working foremen and persons above the rank of non-working foreman.
13The vote will be held on July 24, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
14The 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.
15All individuals who were employed by Westhoek Construction Limited and at work in the voting constituency on July 17, 2001 are eligible to vote.
16Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
17Any 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.
18This matter is referred to the Registrar.
“Inge M. Stamp”
for the Board