Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Cancian Construction Ltd.
0168-01-R Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America, Applicant v. Cancian Construction Ltd., Responding Party v. Universal Workers Union, Labourers' International Union of North America, Local 183, Intervenor.
0634-01-U Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America, Applicant v. Cancian Construction Ltd. and Universal Workers Union, Labourers' International Union of North America, Local 183, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair, and Board Members J.G. Knight and G. McMenemy.
DECISION OF THE BOARD; July 30, 2001
1The Board, by decision dated April 19, 2001 directed a representation vote in the application for certification in Board File No. 0168-01-R. Subsequently, on May 25, 2001 the applicant filed an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as am. (the "Act") seeking declaratory and other relief (Board File No. 0643-01-U). Ultimately, the parties met with a Labour Relations Officer and have entered into Minutes of Settlement settling all of the outstanding issues in these two proceedings.
2The various challenges that had been raised to voter eligibility were withdrawn and the parties agreed that all of the persons who cast ballots in the representation vote were eligible to vote. The parties also agreed that the challenge under section 8.1 of the Act was withdrawn and the applicant was withdrawing its application in Board File No. 0643-01-U.
3Therefore, having regard to the agreement of the parties, the application in Board File No. 0643-01-U is withdrawn at the request of the applicant.
4As a result of the Minutes of Settlement, the ballots cast in the representation vote were counted on July 11, 2001.
5On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
6The application in Board File No. 0168-01-R is therefore dismissed.
7The Board directs the parties' and the employees' attention to section 10(3) of the Act. Should an application for certification be filed within one year of the date of this decision, the effect, if any, of this decision and section 10(3) of the Act on that subsequent application may be determined, if necessary, at that time.
8The 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.
9The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
"Harry Freedman"
for the Board