Ontario Labour Relations Board
1437-01-R Labourers’ International Union of North America, Applicant v. Colangelo Carpentry Co. Ltd. and 800965 Ontario Limited, c.o.b. as Colangelo Carpentry and J.C. Carpentry Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 21, 2001
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party, although duly served with the application material on August 17, 2001, according to the certificate of delivery filed by the applicant, failed to file its Response to Application for Certification, Construction Industry (Form A-72), including Schedule A (List of Employees) with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4By letter dated August 20, 2001 counsel for the responding party raised a number of issues including an “operational collective agreement” affecting some of the employees in the bargaining unit. The letter does not indicate that the applicant has been served with this document. The responding party is directed to forward a copy of the August 20, 2001 letter to the applicant.
5The applicant asserts the named responding parties are one employer pursuant to section 1(4) of the Act.
6The parties will have an opportunity to deal with all outstanding issues at the regional certification meeting or at a hearing if necessary.
7It 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.
8The 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.
9The 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 Hamilton-Wentworth, the City of Burlington, that portion of the geographic Township of Beverly annexed by North Dumfries Township and that portion of the Town of Milton within the geographic Townships of Nassagaweya and Nelson, 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.
10Having 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 Colangelo Carpentry Co. Ltd. and 800965 Ontario Limited, c.o.b. as Colangelo Carpentry and J.C. Carpentry Limited in all sectors of the construction industry in the Regional Municipality of Hamilton-Wentworth, the City of Burlington, that portion of the geographic Township of Beverly annexed by North Dumfries Township and that portion of the Town of Milton within the geographic Townships of Nassagaweya and Nelson, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
11The vote will be held on August 23, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
12The 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.
13All individuals who were employed by Colangelo Carpentry Co. Ltd. and 800965 Ontario Limited, c.o.b. as Colangelo Carpentry and J.C. Carpentry Limited and at work in the voting constituency on August 16, 2001 are eligible to vote.
14Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
15Any 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.
16This matter is referred to the Registrar.
“Inge M. Stamp”
for the Board