0333-01-R Carlos Ribeiro and Jose Oliveira, Applicant v. Labourers’ International Union of North America, Labourers’ International Union of North America, Local 183, Responding Party v. C.S.B.I. Contracting Ltd., Intervenor.
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; May 1, 2001
1. The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2. This application was fi1ed on April 26, 2001. The employees who are affected by this application are covered by a collective agreement with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all construction employees of CSBI Contracting Ltd. represented by Labours International Union of North America, and/or its Local Union 183, engaged in all types of construction other than Industrial, Commercial and Institutional (ICI) construction, in the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills and that portion for 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, including Simcoe County, save and except non-working foremen and those above the rank of non-working foreman.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3. It 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.
4. The Board directs that a representation vote be taken of the employees of C.S.B.I. Contracting Ltd. 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.
5. The vote will be held on May 3, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
6. Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with C.S.B.I. Contracting Ltd..
7. The 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.
8. Any 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.
9. The matter is referred to the Registrar.
“John Morgan Lewis”
for the Board