1868-01-R Brick and Allied Craft Union of Canada, Applicant v. The Babcock and Wilcox Company, Responding Party v. The International Union of Bricklayers and Allied Craftworkers; International Union of Bricklayers and Allied Craftworkers, Local 6, 7 and 25, Intervenors.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; November 27, 2001
The Board is in receipt of correspondence dated November 22, 2001 from counsel for the applicant. The applicant asserts that all the arguments raised by the intervenors in this application, including the matter of the description of the bargaining unit, are no longer in dispute as a result of the Board’s determination in Board File No. 2347-00-R. The applicant takes the position that this is a displacement application and that the bargaining unit it seeks in the application should be described in a manner consistent with the decision in Board File No. 2347-00-R.
The applicant seeks to have the Board direct the counting of the ballots cast in the first representation vote which asked voters if they wish to be either represented by the applicant or by the International Union of Bricklayers and Allied Craftworkers (“IUBAC”) and the Ontario Provincial Council of the IUBAC.
The Board notes that the applicant provided a copy of its November 22, 2001 correspondence to the intervenors and to the responding party. The Board has also received correspondence from the IUBAC Local 6, 7 and 25 in which they advise they do not intend to dispute the applicant’s claim that this a displacement application and, in light of the Board’s decision in Board File No. 2347-00-R, the applicant’s right to seek a province-wide unit. They continue to assert, however, that the application should be dismissed or alternatively held in abeyance pending the determination of Board File Nos. 1904-99-U, 3003-00-U, 3331-00-U and 1220-01-U for the reasons set out in the intervention previously filed.
The Board hereby directs the IUBAC and the responding party to respond to the matters raised both by the applicant and by the IUBAC Local 6, 7 and 25. The Board directs the IUBAC and the responding party to file their respective submissions with the Board and with the other named parties by no later than December 11, 2001.
“John Morgan Lewis”
for the Board