Ontario Labour Relations Board
0911-01-R Accel Electrical Employees Association, Applicant v. Accel Electrical Contractors Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: Ian Werker, Adam Hancock, Doug Donn and Bruce Vaillancourt for the applicant; no one appearing for the responding party.
DECISION OF THE BOARD; October 31, 2001
1This is an application for certification under the construction industry provisions of the Labour Relations Act, 1995 (the “Act”).
2This matter came on for hearing to deal with the issue of whether the applicant is a trade union under section 1(1) and section 126 of the Act. The documents filed with the Board including the Constitution and By-Laws of the applicant establish that the applicant is a trade union within the meaning of 1(1) of the Act.
3The applicant cited a number of Board decisions where the Board dealt with employee associations representing employees performing electrical work in the construction industry. They are: Carlo’s Electric Limited, Board File No. 4673-73-R, decision dated December 17, 1973 (unreported); Carlo’s Electric Limited, Board File Nos. 0724-97-R and 0966-97-U decision dated October 9, 1997 (unreported); Carlo’s Electric Limited, Board File No. 0724-97-R, decision dated March 3, 1998 (unreported) and Carlo’s Electric Limited & Carlo’s Electric 98 Ltd., Board File No. 2528-98-R, decision dated April 26, 1999 (unreported).
4The applicant’s members are electricians and electrician apprentices engaged in electrical construction work. The employer is an electrical contractor engaged in ICI construction.
5Having considered the submissions of the applicant and the cases cited the Board finds that the applicant is entitled to bring this application pursuant to section 158(4) of the Act.
6At the hearing the applicant agreed to delete “electricians helpers” from the bargaining unit description.
7Therefore, the Board finds the following bargaining unit to be appropriate for collective bargaining:
all electricians and electricians’ apprentices in the employ of Accel Electrical Contractors Limited in all sectors of the construction industry in the County of Wellington and 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, save and except non-working foremen and persons above the rank of non-working foreman.
8On the taking of the representation vote directed by the Board, more than fifty percent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
9A certificate will issue to the applicant.
10The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
11The responding party is directed to post copies of this decision immediately, in a conspicuous locations where it is most likely to come to the attention of the employees affected by this application. These copies must remain posted for a period of 30 days.
“Inge M. Stamp”
for the Board