0379-01-R Michael Merlin, Applicant v. Local 27 Carpenters, Responding Party v. Ashbri Industries Inc., Intervenor.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 8, 2001
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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
This application was fi1ed on April 30, 2001. The applicant stated in paragraph 6 of Form A-77 (Application for Termination of Bargaining Rights) that he ‘is only aware that the collective agreement is set to expire April 30, 2001”.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
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.
The applicant described the geographic location of the unit of employees for which the responding party is the bargaining agent in terms of the employers’ premises.
The responding party describes the bargaining unit as “all journeymen and apprentice carpenters, other than millwrights, in the employ of Ashbri Industries in the ICI sector of the construction industry in the Province of Ontario save and except non-working foreman, and persons above the rank of non-working foreman”. The responding party states the collective agreement with the employer expries April 30, 2001.
The intervenor (employer) describes the unit in terms of “all journeymen and apprentice carpenters, other than millwrights, engaged in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario for whom the Union has bargaining rights”.
The responding party asserts this application should be dismissed because the applicant has failed to comply with the rules, by failing to serve a copy of Form A-77 (termination application) on the responding party. The responding party is further seeking dismissal of this application pursuant to section 63(16) of the Act for the reasons set out in Schedule “A” of the response.
The applicant filed a Certificate of Delivery (Form A-81) with the Board which indicates that it served all of the documents required pursuant to the Rules, by facsimile transmission to the responding party on May 2, 2001 at 9:54 a.m.
In the circumstances the Board directs that a representation vote be taken of the employees of Ashbri Industries Inc. employed in the following bargaining unit:
all journeymen and apprentice carpenters, other than millwrights, in the employ of Ashbri Industries in the ICI sector of the construction industry in the Province of Ontario, save and except non-working foreman, and persons above the rank of non-working foreman.
All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
The vote will be held on May 10, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Ashbri Industries Inc.
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.
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.
The matter is referred to the Registrar.
“Inge M. Stamp”
for the Board