Woollatt Employees v. Labourers’ International Union of North America, Local 1059
File No.: 1775-01-R Date: October 2, 2001
Before: Laura Trachuk, Vice-Chair, and Board Members J.A. Ronson and H. Peacock.
DECISION OF THE BOARD
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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on September 29, 2001. The employees who are affected by this application were covered by a collective agreement between the responding party and Woollatt Building Supply Limited, with an effective date of November 1, 1998, to October 31, 2000. The bargaining unit description in that collective agreement is as follows:
all employees of the Employer at the City of London, save and except foremen, persons above the rank of foremen, office and sales staff, and those persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3The responding party asks that this application be dismissed pursuant to section 63(16) of the Act. It does plead facts which, if proven, might support a determination that the employer, or a person acting on behalf of the employer, initiated the application or engaged in threats, coercion or intimidation in connection with the application. However, the allegations are lacking in particulars. In the circumstances of this case the Board considers it appropriate to hold the representation vote and count the ballots. However, if the Board finds at the hearing after the vote that such threats, coercion or intimidation occurred, the application may ultimately be dismissed.
4It 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.
5The Board directs that a representation vote be taken of the employees of Woollatt Building Supply Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on September 29, 2001, the application filing date, will be eligible to vote.
6The vote will be held on October 4, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Woollatt Building Supply Limited.
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
9Any 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 by the Board 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. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Laura Trachuk”
for the Board