Ontario Labour Relations Board
3427-00-R The International Union of Painters and Allied Trades, Local Union 557, Applicant v. StonCor Group, RPM Canada, Responding Party v. Ontario Painting Contractors Association, Intervenor.
BEFORE: D.L. Gee, Vice-Chair.
DECISION OF THE BOARD; May 28, 2001
Decision
Prior to the commencement of the hearing of this matter, the responding party withdrew its objections to this application and acknowledged that certificates should be issued to the applicant.
In its decision of February 26, 2001, the Board found the following bargaining unit to be appropriate for collective bargaining:
all painters and painters’ apprentices in the employ of RPM Canada o/a Stoncor Group in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all painters and painters’ apprentices in the employ of RPM Canada o/a Stoncor Group in all other sectors of the construction industry in the City of Toronto, the Regional Municipality 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.
The parties are agreed that the responding party’s correct name is StonCor Group, RPM Canada.
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 painters and painters’ apprentices in the employ of StonCor Group, RPM Canada 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 painters and painters’ apprentices in the employ of StonCor Group, RPM Canada in all 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 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.
“D.L. Gee”
for the Board