Allied Construction Employees Local 1030 v. The Georgian Group Inc., 2001 CanLII 19720

0409-01-R Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. The Georgian Group Inc., Responding Party v. Universal Workers Union, Labourers’ International Union of North America Local 183, Intervenor.

BEFORE: Harry Freedman, Vice-Chair

DECISION OF THE BOARD; May 3, 2001

Decision

This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 c.1 as amended (the "Act"). This application was filed on April 28, 2001. The Alternate Chair of the Board authorized me to sit alone to hear and determine this matter pursuant to section 110(14)(a) of the Act.
The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
The responding party was duly served with the application on April 30, 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. Universal Workers’ Union, Local 183, Labourers’ International Union of North America (“Local 183”) was named by the applicant as a trade union known to the applicant which claims to represent employees who may be affected by this application and was served with the application on April 30, 2001. Local 183 filed an intervention within the time stipulated by the Board’s Rules.
This application seeks to displace Local 183 as the bargaining agent of the responding party’s employees. The bargaining unit proposed by the applicant, with which the responding party and intervenor do not materially disagree, appears to be the bargaining unit contained in the collective agreement between Local 183 and the responding party. The bargaining unit described in that collective agreement is:

all construction employees of the responding party engaged in the on-site construction of all types of low rise housing only, and their natural amenities, while working in the County of Simcoe and OLRB Geographic Area #8, save and except employees employed as non-working foremen, watchmen and engineering staff.

The Board is satisfied 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 appear to be members of the applicant at the time the application was made.
The 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.
The Board further finds that

all construction employees of The Georgian Group Inc. engaged in the on-site construction of all types of low rise housing only, and their natural amenities, while working in the County of Simcoe and 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 (Board Area #8), save and except employees employed as non-working foremen, watchmen and engineering staff.

Having 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:

The vote will be held on May 7, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The 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.
All individuals who were employed by The Georgian Group Inc. and at work in the voting constituency on April 28, 2001 are eligible to vote.
Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
Any 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.
This matter is referred to the Registrar.

“Harry Freedman”

for the Board