0451-01-R United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. C.M.S. Commercial Mechanical Services Ltd., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; July 23, 2001
1The applicant and the responding party filed representations with the Board with respect to the correct name of the responding party following the taking of the representation vote pursuant to the Board's direction of May 10, 2001. There were no other outstanding issues in this matter. The applicant had named the responding party as Commercial Mechanical Services C.M.S. Holdings Ltd. while the responding party had indicated in its response that its correct name was Commercial Mechanical Services Ltd. The parties, in recent correspondence have now agreed that the correct name of the responding party is C.M.S. Commercial Mechanical Services Ltd.
2In its decision of May 10, 2001, the Board found the following bargaining unit to be appropriate for collective bargaining:
all plumbers and pipefitters and plumbers and pipefitters’ apprentices 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 plumbers and pipefitters and plumbers and pipefitters’ apprentices in the employ of the responding party in all other sectors of the construction industry in 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, 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 Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, and the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada in respect of all plumbers and pipefitters and plumbers and pipefitters’ apprentices in the employ of C.M.S. Commercial Mechanical Services Ltd. 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 plumbers and pipefitters and plumbers and pipefitters’ apprentices in the employ of C.M.S. Commercial Mechanical Services Ltd. in all sectors of the construction industry in 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, 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