Ontario Labour Relations Board
2473-01-R Universal Workers Union, Labourers’ International Union of North America Local 183, Applicant v. Advance Tile and Floor Covering (Toronto) Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; December 6, 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 the Act.
3The responding party, served with the application material on December 3, 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.
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 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 applicant has applied for a non-ICI bargaining unit of all marble, tile and terrazzo, cement masons and their helpers, apprentices, improvers and all construction labourers in Board Areas 8, 9 and 18.
7The responding party has given notice under section 8.1 and asserts the applicant’s unit is not appropriate because it does not employ any construction labourers.
8Having regard to the above, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all marble, tile and terrazzo, cement masons and their respective helpers, apprentices, improvers and all construction labourers in the employ of Advance Tile and Floor Covering (Toronto) Limited 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; and the County of Simcoe and the District Municipality of Muskoka, 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 December 10, 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 Advance Tile and Floor Covering (Toronto) Limited and at work in the voting constituency on November 30, 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.
13Having regard to the section 8.1 notice and the bargaining unit description issue, the Board directs that each ballot be segregated and the ballot box be sealed until the Board orders otherwise or the parties agree to count the ballots.
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.
“Inge M. Stamp”
for the Board