0010-01-R Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America, Applicant v. Maplewood Carpentry Inc., Responding Party v. Universal Workers Union, Labourers’ International Union of North America, Local 183, Intervenor.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 14, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party: “Maplewood Carpentry Inc.”.
2This is an application for certification made pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the "Act"). The two issues outstanding in this application are: (1) whether the responding party’s notice under section 8.1 was delivered in a timely fashion, and (2) whether or not some or all of the persons who cast ballots in the representation vote were employees or independent contractors.
3The Board cannot determine the section 8.1 issue in the absence of evidence. The Certificate of Delivery states that the application was delivered to the responding party by giving it to a courier which promised delivery before 5:00 p.m. on April 2, 2001. The responding party says it received the application on April 3, 2001. It filed its response by facsimile copier at 3:02 p.m. on April 5, 2001. The question is whether this was two days or three days after receipt of the application. The Board directs the applicant to obtain a copy of the delivery records of its courier and to file same with the Board and the other parties. The Board further directs the responding party to provide whatever documents it may have respecting receipt of the application, and a statement of who received the application, when and under what circumstances. Both the applicant and responding party are to file these documents or statements four days before the date scheduled for hearing in this application.
4With respect to the challenge to 45 voters, this may prove to be an onerous, costly and time-consuming process. In order to lessen these burdens, the Board makes the following directions:
The responding party is directed to produce all documents with respect to construction work performed for it by any person or company from January 1, 2001 to March 30, 2001. These documents shall include any form of invoice, contract, sub-contract, purchase order, direction to perform, correspondence, notation on a drawing, back of an envelope, or any other document whatsoever.
The intervenor is directed to produce all records in respect of remittances made pursuant to a collective agreement or otherwise for the payment of supplementary benefits or dues in respect of work performed by any person for the responding party for the months of January, February and March, 2001.
The applicant is directed to produce any documents in its possession or which may come into its possession with respect to the employment status of any of the persons on the list of disputed voters.
These documents are to be delivered to each of the other parties and filed with the Board not later than four working days before the day set for hearing in this matter.
5The Registrar is directed to schedule one day of hearing in this application to deal with the section 8.1 issue, and to determine a protocol for the conduct of examinations. The Board has some familiarity with respect to how difficult and protracted these examinations may become. The parties are expected to appear at the hearing with specific proposals about the manner in which these examinations are to be conducted.
“David A. McKee”
for the Board