0351-01-R Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Holiday Framing Inc., Responding Party v. Universal Workers Union, Labourers’ International Union of North America Local 183 on its own behalf and on behalf of its members, Intervenor.
BEFORE: David A. McKee, Vice‑Chair.
DECISION OF THE BOARD; May 9, 2001
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure. The responding party has given notice under section 8.1. However, even if the responding party is correct in its determination that the list is composed of only three names, the Board finds that the applicant has submitted membership evidence on behalf of more than 40% of the bargaining unit.
It 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.
The Board 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.
The applicant suggests a bargaining unit found in certain collective agreements in Board Area 8. However, the Board’s practice is to vote the widest possible constituency within the areas defined by the Board.
The Board therefore finds that all journeymen and apprentice carpenters and construction labourers in the employ of the responding party 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, may constitute a unit of employees of the responding party appropriate for collective bargaining.
Having 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 and construction labourers in the employ of Holiday Framing Inc. 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 vote will be held on May 11, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
The 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.
All individuals who were employed by Holiday Framing Inc. and at work in the voting constituency on April 26, 2001 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
Any 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.
This matter is referred to the Registrar.
“David A. McKee”
for the Board