Ontario Labour Relations Board
File No.: 0963-01-R Date: July 30, 2001
Between:
United Brotherhood of Carpenters and Joiners of America, Local 494, Applicant
and
Titan Contracting (Windsor) Incorporated, Responding Party.
Before: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
Decision of the Board
1The applicant filed representations 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 July 4, 2001.
2In its decision of July 4, 2001, the Board found the following bargaining unit to be appropriate for collective bargaining:
all carpenters and carpenters’ apprentices in the employ of Titan Contracting (Windsor) Incorporated in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all carpenters and carpenters’ apprentices in the employ of Titan Contracting (Windsor) Incorporated in all other 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.
3On 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.
4Section 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 United Brotherhood of Carpenters and Joiners of America and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America in respect of all carpenters and carpenters’ apprentices in the employ of Titan Contracting (Windsor) Incorporated 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.
5Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all carpenters and carpenters’ apprentices in the employ of Titan Contracting (Windsor) Incorporated in all sectors of the construction industry in the Counties of Essex and Kent, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non‑working foreman.
6The 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.
7The 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