Ontario Labour Relations Board
File No.: 0241-01-R Date: April 26, 2001
Between: Brad Martin, Applicant v. Labourers’ International Union of North America, Local 183, Responding Party v. Underground Service (1983) Ltd., Intervenor.
Before: Mary Ellen Cummings, Alternate Chair, and Board Members J. G. Knight and G. McMenemy.
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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
2This application was fi1ed on April 20, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Underground Service (1983) Ltd. 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 performing work under the classifications listed in the Schedules forming part of the agreement, in the employ of the Employers while engaged in the Heavy Engineering Sector as described in Article 3 of the Agreement, save and except construction employees covered by collective agreements respecting road building, sewer and watermain construction, and save and except non-working foremen and persons above the rank of non-working foreman.
3Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
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 intervenor, which is the bargaining agent that represents the employees, submits that the Board should not direct a representation vote because it alleges that the employer has attempted to “threaten, intimidate and coerce employees” to bring this application to terminate bargaining rights. The Board has reviewed the allegations, and while they are serious, the Board considers it appropriate to direct a representation vote and to count the ballots.
6The Board directs that a representation vote be taken of the employees of Underground Service (1983) 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.
7The vote will be held on April 30, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
8Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with the intervenor.
9The 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.
10Any 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.
11The matter is referred to the Registrar.
“Mary Ellen Cummings”
for the Board