The Unionized Employees of Ariss Concrete Forming Ltd. v. Labourers’ International Union of North America Ontario Provincial District Council and Labourers’ International Union of North America, Local 1081
0331-01-R The Unionized Employees of Ariss Concrete Forming Ltd., Applicant v. Labourers’ International Union of North America Ontario Provincial District Council and Labourers’ International Union of North America, Local 1081, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; October 26, 2001
1This is an application to terminate bargaining rights in the construction industry. On the hearing day, the parties entered into the following Minutes of Settlement which they have asked be included in a decision of the Board:
Minutes of Settlement
Board File No. 0331-01-R
Between:
The Unionized Employees of Ariss Concrete,
Applicant,
- and -
Labourers’ International Union of North America, Ontario Provincial District Council and Labourers’ International Union of North America, Local 1081,
Responding Parties.
- and –
Ariss Concrete Forming Ltd.
Employer.
The parties agree to the following as full and final settlement of Board File No. 0331‑01‑R and request that the Board incorporate these Minutes of Settlement in a decision of the Board and request that the Board make the necessary determinations, orders and declarations.
The parties acknowledge and agree that on the date of application the three individuals challenged by the responding parties namely, Messrs. Danny Vernon, Doug Tschirhart and Kevin Reilbeling were, for the majority of their time, performing the work of installation of a Polycrete Forming System.
The parties acknowledge and agree that the installation of a Polycrete Forming System includes the work of, but is not limited to, the installation/placing of styrofoam forms, the installation of the forms’ tracking system and the placing/installation of polycrete ties and all work incidental thereto.
Furthermore the parties acknowledge and agree that the installation of a ploycrete forming system includes the placement and tieing of vertical and horizontal reinforcing steel.
The parties acknowledge and agree that the installation of the polycrete forming system is a technology that requires that the employees in question do both the placement of the forms and tieing of steel as part of a single non divisable process.
The parties acknowledge and agree that the work of installation of a ploycrete forming system, including the work referred to in paragraphs two and three above, is the exclusive work of the responding parties and falls within the work of the bargaining unit as described and found in Schedule “E” of the Labourers’ ICI Collective Agreement.
In light of the above agreements and acknowledgements, the previously challenged individuals (Vernon, Tschirhart, Reilbeling) were performing bargaining unti work on the date of application and for the majority of their time as such their ballots cast should be counted.
Dated at Toronto this 24th day of October, 2001.
“D. Tschirhart” “James Saunders”
For the Applicant For the Responding Parties
Doug Tschirhart James Saunders
“Helmut Schletz”
For the Employer
Helmut Schletz
2Having regard to the agreement of the parties, the Board finds that the 3 persons who cast ballots were eligible to vote.
3On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
4The Board declares that the responding party no longer represents the employees of Ariss Concrete Forming Ltd. for whom it has heretofore been the bargaining agent in the following bargaining unit:
all construction labourers and other employees coming within the jurisdiction of the Provincial Collective Agreement in the employ of Ariss Concrete Forming Ltd. engaged in the industrial, commericial and institutional sector of the construction industry in the Province of Ontario.
5The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
6The employer is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
“Mary Ellen Cummings”
for the Board