3682-00-R Labourers’ International Union of North America, Applicant v. Sherwood Trim & Doors, Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 23, 2001
This is an application for certification made pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the “Act”). It is brought as a displacement application. A representation vote has been held.
There are two issues or sets of issues: the challenges to three of the persons who cast ballots and the allegations of “employer support” for the application. It is appropriate to deal with the list issues first. The Board directs the responding party to provide to the applicant and intervenor copies of all documents in its possession with respect to the work done, the nature of the work and the location(s) where the work was done by any employee of the responding party on the applicant date (March 13, 2001) and all documents with respect to the employment of David McKnight, Luis Correira and Jose Valerio. The applicant and intervenor are in turn directed to produce any documents in their possession with respect to the employment of these individuals. If there are issues about the production of documents, these concerns should be addressed to the Board before any hearing date.
The intervenor is directed, if it is still pursuing an argument that this application is untimely, to set forth this objection fully and in writing.
The Registrar is directed to list this matter for two days for a hearing to deal with the list issues. In addition, the Registrar is directed to list Board File No. 3826-00-U for the same days. Absent the consent of all parties, no evidence will be called with respect to the issues in that application, but the Board expects the parties, to the extent that they are able, to apprise themselves of any additional witnesses or evidence they will likely call. Any further issues about production of documents relevant to Board File No. 3826-00-U should also be addressed at that time.
“David A. McKee”
for the Board