0267-01-R Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Osler Paving & Construction Ltd., Responding Party v. A Council of Trade Unions Acting as a Representative and Agent of the Teamsters Local 230 and Universal Workers Union, Labourers’ International Union of North America, Local 183, Intervenor.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; April 30, 2001
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act"). The applicant seeks to displace the intervenor as bargaining agent for:
all employees of the Responding Party while working within OLRB Geographic Area #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 and the County of Simcoe, save and except employees employed as non-working foremen, persons above the rank of foreman, office and clerical staff, temporary shop employees, engineering staff, security guards, and those covered by a subsisting agreement between the Association and the International Union of Operating Engineers, Local 793.
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The intervenor asserts that this matter ought to be dismissed on the basis that the applicant failed to comply with Rule 130 of the Board’s Rules of Procedure. The application was filed with the Board on April 21, 2001. Materials were not served on the intervenor until April 25, 2001. The applicable certificate of delivery was filed with the Board on April 25, 2001. In the circumstances, it is the Board’s determination that the vote will be held, however, the ballot box will be sealed pending a determination by the Board as to the timeliness of this application or upon further Board order or agreement of the parties.
4It 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.
5The Board further finds that the unit of employees described in paragraph 1 above constitutes a unit of employees of the responding party appropriate for collective bargaining.
6Having 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 employees of Osler Paving & Construction Ltd. while working within OLRB Geographic Area #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 and the County of Simcoe, save and except employees employed as non-working foremen, persons above the rank of foreman, office and clerical staff, temporary shop employees, engineering staff, security guards, and those covered by a subsisting agreement between the Association and the International Union of Operating Engineers, Local 793.
7The vote will be held on May 2, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
8The 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.
9All individuals who were employed by Osler Paving & Construction Ltd. and at work in the voting constituency on April 21, 2001 are eligible to vote.
10Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
11Any 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.
12This matter is referred to the Registrar.
“D. L. Gee”
for the Board