Warrington Kelvin v. Labourers’ International Union of North America, Local 183
0185-01-R Warrington Kelvin, Applicant v. Labourers’ International Union of North America, Local 183, Responding Party v. Javid Construction Management Limited, Intervenor.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 23, 2001
Decision
1The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2This application was fi1ed on April 18, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Toronto Residential Construction Labour Bureau with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all of its own Construction employees engaged in the on-site construction of all types of low-rise housing only and their natural amenities while working in the County of Simcoe and in O.L.R.B. Geographic Area No. 8, namely the Municipality of Metropolitan 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 employees employed as non-working foremen, watchmen and engineering staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3The responding party and the intervenor have filed timely responses. The responding party is seeking dismissal of this application under section 63(16) of the Act. The responding party alleges this application for termination of its bargaining rights has been initiated by management personnel of the intervenor.
4The responding party advised the Board that there is no such address as 1558 Allwind Circle in Pickering, postal code N1T 2W2, the address provided by the applicant. The responding party in its letter of April 20, 2001 advised that its response was sent to the applicant at 1558 Alwin Circle in Pickering, postal code L1V 2W2.
5The Board’s confirmation of the application was sent to the applicant at 1558 Allwind Circle, N1T 2W2. To date there is nothing in the file to indicate that the courier could not deliver to that address.
6It 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.
7The Board directs that a representation vote be taken of the employees of Javid Construction Management Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
8The vote will be held on April 25, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
9Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Javid Construction Management Limited.
10The 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.
11Any 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.
12The matter is referred to the Registrar.
“Inge M. Stamp”
for the Board