3134-00-R Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. C & T Framing Inc., Responding Party v. Universal Workers Union, Labourers International Union of North America, Local 183, Intervenor.
3456-00-U Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. C & T Framing Inc. and Universal Workers Union, Local 183, Labourers International Union of North America, Responding Parties.
BEFORE: David A. McKee, Vice-Chair, and Board Members J.G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 23, 2001
- Before the hearings in these applications commenced, the parties entered into Minutes of Settlement which provide as follows:
OLRB File # 3134-00-R
3456-00-U
MEMORANDUM OF AGREEMENT
Between
ALLIED CONSTRUCTION EMPLOYEES LOCAL 1030,
UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
(“Local 1030”)
- and -
C & T FRAMING INC.
(“C&T”)
- and -
UNIVERSAL WORKERS UNION, LOCAL 183,
LABOURERS INTERNATIONAL UNION
OF NORTH AMERICA
(“Local 183”)
WHEREAS Local 1030 filed an Application for Certification of C & T’s employees, being OLRB File No. 3134-00-R (the “Certification Application”);
AND WHEREAS Local 183 filed an intervention in the Certification Proceedings;
AND WHEREAS Local 1030 filed an Application under S.96 of the Ontario Labour Relations Act, 1995, being OLRB File No. 3456-00-U (the “S.96 Application”);
AND WHEREAS the parties wish to settle all outstanding matters with respect to the Certification Application and the S.96 Application;
NOW THEREFORE, the parties agree as follows:
- The parties agree that the voters list in the Certification Application will be comprised as follows:
Voter No. Name
22 Mark Wilson
41 Robert Grant
42 Jeff Jones
76 Doug Aird
78 Jay Forsythe
9 Kerry Toutant
10 Paul Valliere
18 Cliff Peyton
19 Norm Sheppard
37 Jim Harren
39 John Best
43 Rocco Longo
44 Bruno Campagna
47 Rey Payton
48 Rick Wodinski
Add On Stephen Sorrensen
Add On Charly Caron
Local 1030 agrees to seek leave of the Board to withdraw its S.96 Application forthwith.
The parties agree that the Certification Application will be determined based upon a count of the agreed-upon voters list, set out in paragraph #1 above, and that there are no outstanding matters as between Local 1030 and Local 183 with respect to C & T.
This settlement is without prejudice to any party in any other proceeding.
Dated at Toronto this 22nd day of May, 2001.
(“Ziggy Pflanzer”) (“Chuck Deriet”)
Local 1030 C & T
Ziggy Pflanzer Chuck Deriet
(“Carlos Pinheiro”)
Local 183
Carlos Pinheiro
The Board reconsiders paragraph 6 of the decision of March 13, 2001 in this matter. The Board declares that the persons in the bargaining unit at the date of application are those listed in the parties’ agreement.
The application in Board File No. 3456-00-U is withdrawn at the request of the applicant.
Having regard to the agreement of the parties, the Board did not fix a time for the filing of submissions under Rule 62 with respect to the taking of the representation vote.
On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
The application in Board File No. 3134-00-R is therefore dismissed.
The attention of the parties and the employees is directed to the provisions of the Labour Relations Act, 1995, as amended (the "Act") and more particularly to section 10(3), as it may relate to any future application for certification.
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 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.
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.
“David A. McKee”
for the Board