Construction and Allied Workers Local Union 607 v. Rink-Tec International Inc.
1854-01-R Construction and Allied Workers Local Union 607, Applicant v. Rink-Tec International Inc., Responding Party v. Fort William First Nation, Intervenor.
BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; October 10, 2001
Decision
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The applicant has not established in a previous Board proceeding that it is a trade union within the meaning of section 1(1) or 126 of the Act. Therefore, the applicant will be required to prove at the appropriate time that it is a trade union under the Act. The Board notes the applicant asserts that it is an affiliated bargaining agent of the Designated Employee Bargaining Agency for construction labourers, namely, The Labourers’ International Union of North America and The Labourers’ International Union of North America, Ontario Provincial District Council and was formerly known as the Labourers’ International Union of North America, Local 607.
3The responding party has filed a timely response in which it agrees with the applicant’s proposed bargaining unit description as well as the applicant’s estimate of the number of employees who were at work in the bargaining unit on the date of application. The responding party contends that the Board lacks jurisdiction to conduct a representation vote. The project on which the employees of the responding party were working on the application date is a multi-purpose cultural facility located on lands owned by the Fort William First Nation. An intervention has been filed by the Fort William First Nation in which it also asserts, inter alia, the Board lacks jurisdiction to conduct a representation vote as such jurisdiction resides with the Canadian Industrial Relations Board The Board is not in a position at this stage in the proceedings to address the arguments raised by the responding party and the Fort William First Nation. The Board shall direct a representation vote in the manner contemplated by the Act. The arguments raised by the responding party and the Fort William First Nation can be raised before a panel of the Board after the representation vote.
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.
5The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
6The Board further 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 District of Thunder Bay, 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.
7Having 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 construction labourers in the employ of Rink-Tec International Inc. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of Rink-Tec International Inc. in all other sectors of the construction industry in the District of Thunder Bay, save and except non-working foremen and persons above the rank of non‑working foreman.
8The vote will be held on October 12, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9The 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.
10All individuals who were employed by Rink-Tec International Inc. and at work in the voting constituency on October 4, 2001 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12Any 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.
13This matter is referred to the Registrar.
“John Morgan Lewis”
for the Board