0343-01-R Antonio Stirpe, Applicant v. The International Brotherhood of Electrical Workers and The IBEW Construction Council of Ontario, Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; May 3, 2001
The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for which it is the bargaining agent.
This application was fi1ed on April 26, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Phase 4 Electrical Contracting Ltd. with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
the Contractor recognizes the Union as the sole Employee Bargaining Agency for all Foremen, Journeyman Wiremen, Instrumentation Electricians, Apprentices, Journeyman Linemen-Splicers, Apprentice Linemen-Splicers, Groundman/Equipment Operators, Groundman/Drivers, Groundmen, Utilitymen and Foresters performing work within the acknowledged jurisdiction of the Union, as defined in Section 151(2) of the OLRA.
The responding party contends that this application is untimely as the applicants did not serve the employee bargaining agency, the International Brotherhood of Electrical Workers and IBEW Construction Council of Ontario, within the time period provided in the Act for termination applications. Accordingly the responding party contends that the application should be dismissed on the basis that it is untimely. The responding party named in the application is International Brotherhood of Electrical Workers and The IBEW Construction Council of Ontario. The International Brotherhood of Electrical Workers Local Union 1687 was served with the application. This issue can be dealt with by the panel hearing this application.
It 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.
The Board directs that a representation vote be taken of the employees of Phase 4 Electrical Contracting 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.
The vote will be held on May 8, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Phase 4 Electrical Contracting Ltd.
The 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.
Any 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.
The matter is referred to the Registrar.
“Marilyn Silverman”
for the Board