Labourers’ International Union of North America v. Wittmer Construction Services Ltd.
1487-01-R Labourers’ International Union of North America, Applicant v. Wittmer Construction Services Ltd., Responding Party.
BEFORE: Harry Freedman, Vice-Chair and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 28, 2001
1This is an application for certification under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 c.1 as amended (the "Act") that was filed on August 22, 2001.
2The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Act. Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party was duly served with the application on August 23, 2001, according to the Certificate of Delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure A representative of the responding party wrote to the Registrar advising the Board that “Mr. Wayne Wittmer is out of town (on a project in the Arctic) from August 23rd, 2001 returning August 30th, 2001. Hence, he has not had an opportunity to review the material sent by courier on case #148701R. Please delay the vote until after he returns to the office August 31, 2001.” There was no indication in the written material who Mr. Wittmer is and why no one else could deal with the matter in his absence. Under the circumstances, there is no basis for the Board to delay its consideration of this application.
4The Board is satisfied 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 appear to be members of the applicant at the time the application was made.
5The 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.
6The 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.
7Having 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 Wittmer Construction Services Ltd. 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.
8The vote will be held on August 30, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9The 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.
10All individuals who were employed by Wittmer Construction Services Ltd. and at work in the voting constituency on August 22, 2001 are eligible to vote.
11Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
12Any 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.
13This matter is referred to the Registrar.
“Harry Freedman”
for the Board