Universal Workers Union, Labourers' International Union of North America, Local 183 v. Baycliffe Homes Inc.
0925-01-R Universal Workers Union, Labourers' International Union of North America, Local 183, Applicant v. Baycliffe Homes Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; June 27, 2001
Decision
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 c.1 as amended (the "Act"). This application was filed on June 22, 2001. The Chair of the Board authorized me pursuant to section 110(14)(a) of the Act to sit alone to hear and determine this matter.
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party was duly served with the application on June 22, 2001, according to the Certificate of Delivery filed by the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4The Board is satisfied 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 appear to be members of the applicant at the time the application was made.
5The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
6The bargaining unit proposed by the applicant is: “All construction labourers in the employ of the responding party in all sectors of the construction industry, save and except the ICI sector, in OLRB Area No. 9, save and except non-working foremen and persons above the rank of non-working foreman.” The applicant indicated that there were three employees at work in its proposed bargaining unit and referred to one construction project in Whitby.
7The responding party submitted that there were four employees working in the bargaining unit proposed by the applicant and also submitted that the applicant’s proposed bargaining unit could not be appropriate, but did not give notice under section 8.1 of the Act. The responding party submitted that it has various projects in residential construction ongoing at the same time and that its employees regularly perform work at all of its construction sites. The responding party submitted that it had employees working at three construction projects on the application date, one in Board Area No. 9 and two in Board Area No. 8. The responding party proposed the following bargaining unit: “All construction labourers in the employ of the responding party in OLRB Area Nos. 8 and. 9 in all sectors of the construction industry, save and except the ICI sector, non-working foremen and persons above the rank of non-working foreman.”
8The determination of the appropriate bargaining unit will be made by the Board following the representation vote. Having regard to the Board’s finding in paragraph 4 above, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all construction labourers in the employ of Baycliffe Homes 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, the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
9The vote will be held on June 29, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
10The 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. These copies must remain posted for 30 days.
11All individuals who were employed by Baycliffe Homes Inc. and at work in the voting constituency on June 22, 2001 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13The Board further directs that ballots cast by any person who on June 22, 2001 was not employed and at work in the bargaining unit proposed by the applicant be segregated and sealed pending further direction from the Board or the parties’ agreement.
14Any 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.
15This matter is referred to the Registrar.
“Harry Freedman”
for the Board