3678-00-R Lino (Carmelino) Domanico, Applicant v. IBEW Local 353, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; May 1, 2001
1This is an application to terminate bargaining rights in the construction industry. In a decision dated April 9, 2001, the Board noted that the applicant had not filed a Certificate of Delivery Form A-81 and, in accordance with the Board’s Rules, the application would not be processed until the Form A-81 was received. The Board set a deadline of 5 days from the date of its decision, which would mean April 17, 2001 (because the Board was closed on April 16, 2001). The Certificate of Delivery was received by the Board on April 17, 2001. The Certificate of Delivery declares that the application and other necessary materials were hand-delivered to the responding party (the union) on March 20, 2001 at 12:00 p.m. The responding party has raised a number of issues with respect to the delivery of materials and the proper naming of the responding party. The Board has considered those submissions. The Board will direct the taking of a representation vote and counting of the ballots. If the responding party wishes to pursue the procedural issues, it may do so.
2This application was fi1ed on March 20, 2001. The employees who are affected by this application are covered by a collective agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all electricians and electrician apprentices in the employ of Tri-An Electric Ltd. in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non-working foreman.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It 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.
4The Board directs that a representation vote be taken of the employees of Tri-An Electric 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.
5The vote will be held on May 3, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Tri-An Electric Ltd.
7The 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.
8Any 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.
9The matter is referred to the Registrar.
“Mary Ellen Cummings”
for the Board