Universal Workers Union, Labourers’ International Union of North America Local 183 v. State Park Homes and/or Broadway Homes Inc.
1566-01-R Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. State Park Homes and/or Broadway Homes Inc., Responding Parties.
BEFORE: David A. McKee, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; September 5, 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.
The responding parties filed their responses with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
The responding parties have each filed a timely notice under section 8.1. The real issue, of course, is whether there is more than one employee in whatever bargaining unit the Board finds appropriate. If it is only one employee, the application will be dismissed in any event. Given the conflicting positions about numbers and the identity of the employer(s), the Board orders that the ballot boxes be sealed unless the parties agree to open the ballot box and count the ballots or the Board rules otherwise. There is no reason, however, not to hold a representation vote.
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 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.
The applicant has chosen to file this application against two employers, and relies on what it states to be an outstanding application under section 69 and 1(4) seeking a declraration that the two responding parties are one employer for the purposes of the Act. Aside from a file number, there is no detail with respect to what the basis of that claim is. In addition, there may well be facts which would be relevant to this application, and its apparent desire to treat the two responding parties as one employer for the purpose of this application. The applicant is directed, before the Regional certification meeting, to file particulars of all the material facts that it relies on in support of its request that the two responding parties be treated as a single employer for the purposes of this application or for any purpose. The applicant should also consider whether a separate application under section 1(4) is necessary.
The Board further finds that all construction labourers in the employ of the responding parties 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, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman, constitute a unit of employees of the responding parties 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 construction labourers in the employ of State Park Homes and/or Broadway Homes Inc. 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, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
The vote will be held on September 7, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The responding parties are 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.
All individuals who were employed by State Park Homes and/or Broadway Homes Inc. and at work in the voting constituency on August 28, 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 parties.
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.
“David A. McKee”
for the Board