Labourers’ International Union of North America v. Wittmer Construction Services Ltd.
1598-01-R Labourers’ International Union of North America, Applicant v. Wittmer Construction Services Ltd., Responding Party v. Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; September 12, 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 party served with the application material on September 6, 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 Board notes that the responding party has given timely notice under section 8.1 of the Act. The responding party submits that it had no employees on the site on the date of application. It is the responding party’s position that the work was performed by a sub-contractor and that the employees working on site, if any, were employed by the sub-contractor.
The intervenor takes the position it represents employees affected by this application. The intervenor asserts the responding party and intervenor are bound to a collective agreement in respect of carpenters’ and carpenters’ apprentices working in Board Area No. 8. The applicant has applied for Board Area No. 9.
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 Board further finds that all journeymen and apprentice carpenters in the employ of the responding party in all sectors of the construction industry in, 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, 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 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 journeymen and apprentice carpenters in the employ of Wittmer Construction Services Ltd. in all sectors of the construction industry in 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, 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 14, 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. These copies must remain posted for 30 days.
All individuals who were employed by Wittmer Construction Services Ltd. and at work in the voting constituency on September 5, 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 notice and the issues raised by the responding party and the intervenor, 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.
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