Ontario Labour Relations Board
0649-01-R United Brotherhood of Carpenters and Joiners of America, Local 494, Applicant v. Forte Wall Systems (2000) Inc., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; May 30, 2001
This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended (the "Act"). This application was filed on May 25, 2001.
The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 153(1) of the Act on April 12, 1978, the designated employee bargaining agency is the United Brotherhood of Carpenters and Joiners of America and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.
The responding party was duly served with the application on May 25, 2001, according to the Certificate of Delivery filed by the applicant and filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
The Board is satisfied 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 appear to be members of the applicant at the time the application was made.
The Board finds that this is an application for certification within the meaning of section 128 of the Act and is an application made pursuant to section 158(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition.
The Board further finds, pursuant to section 158(1) of the Act, that all carpenters and carpenters’ apprentices in the employ of the responding party in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all carpenters and carpenters’ apprentices in the employ of the responding party in all other sectors of the construction industry in the Counties of Essex and Kent, save and except non-working foremen and persons above the rank of non‑working foreman, 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 carpenters and carpenters’ apprentices in the employ of Forte Wall Systems (2000) Inc. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all carpenters and carpenters’ apprentices in the employ of Forte Wall Systems (2000) Inc. in all other sectors of the construction industry in the Counties of Essex and Kent, save and except non-working foremen and persons above the rank of non‑working foreman.
The vote will be held on June 1, 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.
The responding party disputes the applicant’s estimate of the number of employees in the applicant's proposed bargaining unit but agrees with the bargaining unit description proposed by the applicant. It gives notice under section 8.1 of the Act. Section 8.1 of the Act applies to applications for certification in the construction industry following the amendments to the Act contained in Bill 139 [Labour Relations Amendment Act, 2000, S. O. 2000, c. 38] sections 3, 23, 32 and 33 which amended section 8.1(5), added section 126.1(2) and repealed sections 159(3) and 160(2) of the Act. See A.R.A. Construction Ltd., decision dated May 3, 2001, unreported, Board File No. 0399-01-R.
The Board finds that the bargaining unit proposed by the applicant could be appropriate for collective bargaining. After comparing the membership evidence provided by the applicant against the information provided by the responding party, it seems as if the percentage of the individuals who appear to be members of the applicant at the time the application was filed is less than 40 per cent of the individuals in the bargaining unit proposed by the applicant. Therefore, pursuant to section 8.1(4) of the Act, the Board directs that the ballot box from the representation vote be sealed and the ballots not counted until the Board so orders or the applicant and responding party agree.
All individuals who were employed by Forte Wall systems (2000) Inc. and at work in the voting constituency on May 25, 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.
“Harry Freedman”
for the Board