Labourers’ International Union of North America v. Somerlyn Trim & Doors Inc., 2001 CanLII 6915

0050-01-R Labourers’ International Union of North America, Applicant v Somerlyn Trim & Doors Inc. Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.

BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; April 6, 2001

This is an application for certification filed on March 13, 2001 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, duly served with the application material on April 3, 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.
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 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.
This is a displacement application for employees covered by the intervenor’s Residential Low-Rise Trim Carpentry Agreement. The bargaining unit set out in Article 1 of the collective agreement is described as follows:

1.01 The Contractor recognizes the Union s the sole and exclusive bargaining agent for all carpenters and carpenters’ apprentices of the Contractor, save and except non-working foremen, those persons above the rank of non-working foreman, office, clerical, and engineering staff, while working in the following Geographic Area:

The Municipality of Metropolitan 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; (OLRB Area 8).

1.02 This Agreement shall apply to all carpenters and carpenters’ apprentices while working on new subdivision work (7 or more units) in residential low-rise buildings (defined as non-elevated hoursing of not more than four (4) storeys in height excluding the basement), in OLRB Area #8.

Pursuant to section 150.1(2) of the Act this would appear to be a timely displacement application.
In the circumstances the Board directs that a representation vote be taken of the individuals in the following voting constituency:

all carpenters and carpenters’ apprentices in the employ of Somerlyn Trim & Doors Inc., save and except non-working foremen, those persons above the rank of non-working foreman, office, clerical, and engineering staff, while working in the following Geographic Area:

The vote will be held on April 10, 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 Somerlyn Trim & Doors Inc. and at work in the voting constituency on April 3, 2001 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor 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.

“Inge M. Stamp”

for the Board