Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Embee Properties Limited
Board File No.: 1564-01-R; 1578-01-U Date: October 22, 2001
Before: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD
1Board File No. 1564-01-R is an application for certification in the construction industry. Board File No. 1578-01-U is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging that the responding party has committed an unfair labour practice in relation to the certification application. The applicant requests that the two applications be heard together. In the circumstances, the Board considers that to be appropriate and the two matters will therefore be scheduled to be heard together.
2The responding party did not file a response to the application for certification in a timely way. It did send a letter indicating that it took the position that it did not employ the individuals working in the bargaining unit. No representative of the responding party attended the vote, but a representative did participate in the regional certification meeting. The responding party subsequently filed a “response” and related submissions within the time limits provided in Information Bulletin No. 9 for submissions with respect to “status” disputes to be filed. The applicant argues that the Board should not accept those materials as they are untimely. It is certainly too late to file a “response” which could be considered for the purposes of a representation vote. However, the materials have been filed within the time limits set in Information Bulletin No. 9 for submissions after the regional certification meeting. At that meeting the parties agreed that the three individuals who voted were working in the bargaining unit on the application date. They joined issue on the question of whether the individuals were employed by the responding party. In these circumstances the Board will permit the responding party to participate in the hearing and to rely on the particulars with respect to whether or not it is the employer which are included in its submissions of October 9, 2001.
3These matters are being referred to the Registrar to schedule a hearing date.
“Laura Trachuk”
for the Board