1611-01-R The International Union of Painters and Allied Trades, Local Union 1891, Applicant v. Prosperi Plastering Company Limited, Responding Party v. United Brotherhood of Carpenters and Joiners of America, Local 2486, Intervenor.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 13, 2001
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Act. Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on April 12, 1978, the designated employee bargaining agency is the International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades.
The responding party, served with the application material on September 10, 2001, according to the certificate of delivery filed by the applicant, filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure. The responding party has given notice under section 8.1 of the Act.
The responding party asserts it is bound to the Carpenters’ provincial collective agreement which covers the employees in the applicant’s proposed bargaining unit.
The applicant has applied for its standard ICI and all other sectors in Board Areas 16 and 17 bargaining unit. The applicant seeks a clarity note stating that Painters in the bargaining unit include drywall tapers.
The responding party objects to this clarity note and submits that the work of drywall tapers is performed by the Carpenters employed by the responding party.
The intervenor submits this application includes persons who are covered by the Carpenters’ provincial collective agreement.
It 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.
The 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.
The Board further finds, pursuant to section 158(1) of the Act, that all painters and painters’ 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 painters and painters’ apprentices in the employ of the responding party in all other sectors of the construction industry within a radius of 33 kilometers (approximately 20 miles) of the North Bay post office, and within a radius of 57 kilometers (approximately 35 miles) of the City of Sudbury Federal Building, 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.
Having 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 painters and painters’ apprentices in the employ of Prosperi Plastering Company Limited in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all painters and painters’ apprentices in the employ of Prosperi Plastering Company Limited in all other sectors of the construction industry within a radius of 33 kilometers (approximately 20 miles) of the North Bay post office and within a radius of 57 kilometers (approximately 35 miles) of the City of Sudbury Federal Building, save and except non-working foremen and persons above the rank of non‑working foreman.
Clarity Note: Painters in the above bargaining unit include Drywall tapers.
The vote will be held on September 17, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The 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.
All individuals who were employed by Prosperi Plastering Company Limited and at work in the voting constituency on September 6, 2001 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
Having regard to the section 8.1 issue the ballot box will be sealed until the Board orders otherwise or the parties agree to count.
Any 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.
This matter is referred to the Registrar.
“Inge M. Stamp”
for the Board