Ontario Labour Relations Board
2508-01-R Labourers’ International Union of North America, Local 1059, Applicant v. Standard Underground High Voltage Power Cable Installations, Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; December 10, 2001
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The 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 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 September 30, 1983, the designated employee bargaining agency is The Labourers’ International Union of North America and The Labourers’ International Union of North America, Ontario Provincial District Council.
3The responding party did not file a response but rather filed a letter with the Board dated December 7, 2001. The responding party also did not confirm posting of the application and is directed to post and confirm same with the Registrar forthwith.
4It 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.
5The 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.
6The Board further finds, pursuant to section 158(1) of the Act, that all construction labourers 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 construction labourers in the employ of the responding party in all other sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, 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.
7Having 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 construction labourers in the employ of Standard Underground High Voltage Power Cable Installations in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all construction labourers in the employ of Standard Underground High Voltage Power Cable Installations in all other sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, save and except non-working foremen and persons above the rank of non‑working foreman.
8In its letter the responding party advises that it is two separate entities; Power Cable Installations (Toronto) and Standard Undergound High Voltage. It also submits that this application arises due to the fact that the nature of the work being performed required the responding party to hire individuals rather than subcontract the work which is its usual practice.
9The responding party submits that it has three concerns. First, that this may be a jurisdictional issue as the responding party has a contractual relationship with the International Brotherhood of Electrical Workers and that the two day response time is not sufficient to address this issue. Second, that the work in question was performed in London and the responding parties’ operations are based in Toronto and work is performed throughout the Province. Third, that there may be administrative difficulties that will result for the responding party.
10The responding party also requests that other of its employees should be entitled to cast a vote. The responding party has not provided any reason why the Board would grant this request in this application.
11None of the reasons advanced by the responding party are reasons not to order the holding of a representation vote. Further, they do not appear to be reasons why the Board would not certify the applicant were it to succeed in the representation vote. However, if necessary the Board will consider written submissions from the responding party after the holding of the vote. These submissions shall be made within ten (10) from the date of this decision. The Board will then determine how next to proceed.
12The vote will be held on December 12, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
13The 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.
14All individuals who were employed by Standard Underground High Voltage Power Cable Installations and at work in the voting constituency on December 4, 2001 are eligible to vote.
15Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
16Any 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.
17This matter is referred to the Registrar.
18This panel is seized to deal with the written submissions arising out of this decision.
“Marilyn Silverman”
for the Board