Court File and Parties

0249-01-R Chad Saulnier, Applicant v. Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, United Brotherhood of Carpenters and Joiners of America Lake Ontario District Council, and United Brotherhood of Carpenters and Joiners of America, Local 397, Responding Party v. Lardale Construction Inc., Intervenor.

BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; April 27, 2001

Decision

[1]. The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.

[2]. This applicant submits that the intervenor is not yet subject to a collective agreement, but that the responding party is seeking to have it bound to its collective agreement with Mel-Ron Construction Limited, through an ongoing section 69 and 1(4) application (Board File No. 4196-98-R).

[3]. It is certainly unusual to entertain an application to terminate bargaining rights that have not, as yet, been conferred by the Board. The responding party submits that the application should be dismissed and the intervenor submits that the application should be adjourned pending the section 69 and 1(4) application.

[4]. The Board has decided to order the representation vote, and seal the ballot box, pending a determination of the issues raised in this application.

[5]. It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.

[6]. The Board directs that a representation vote be taken among the following voting constituency:

all journeymen and apprentice carpenters other than millwrights, engaged in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario for whom the Carpenters District Council of the United Brotherhood of Carpenters and Joiners of America, has bargaining rights on behalf of affiliated bargaining agents, Lake Ontario District Council and United Brotherhood of Carpenters and Joiners of America, Local 397.

All those performing that work on the application date, April 23, 2001, are entitled to vote.

[7]. The vote will be held on May 1, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".

[8]. Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with the intervenor.

[9]. The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.

[10]. Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations 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. 10: Status Disputes in Termination Applications in the Construction Industry.

[11]. The matter is referred to the Registrar.

“Mary Ellen Cummings”

for the Board