The International Union of Painters and Allied Trades, Local Union 1819 v. 1066598 Ontario Limited o/a Accurate Glass and Mirror (Barrie)
2700-00-R The International Union of Painters and Allied Trades, Local Union 1819, Applicant v. 1066598 Ontario Limited o/a Accurate Glass and Mirror (Barrie), Responding Party.
2764-00-U The International Union of Painters and Allied Trades (formerly known as The International Brotherhood of Painters and Allied Trades), Local Union 1819, Applicant v. 1066598 Ontario Limited o/a Accurate Glass and Mirror (Barrie), Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 14, 2001
These are two applications; the first is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act') and the second is an application filed under section 96 of the Act. At the date and time scheduled for hearing the parties entered into a settlement. In accordance with that settlement Board File No. 2764-00-U is hereby terminated.
A representation vote was held in the certification application on December 14, 2000.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
Section 160(1) of the Act, which states as follows, provides for the issuance of more than one certificate if the applicant has the requisite support:
(1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
Therefore, pursuant to section 160(1) of the Act, a certificate will issue to the applicant affiliated bargaining agent on its own behalf and on behalf of all other affiliated bargaining agents of the International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades in respect of all glaziers and glaziers’ apprentices in the employ of 1066598 Ontario Limited o/a Accurate Glass and Mirror (Barrie) in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non‑working foreman.
Further, pursuant to section 160(1) of the Act, a certificate will issue to the applicant trade union in respect of all glaziers and glaziers’ apprentices in the employ of 1066598 Ontario Limited o/a Accurate Glass and Mirror (Barrie) in all other 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 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
The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“Marilyn Silverman”
for the Board