Ontario Labour Relations Board
File No.: 0448-01-R Date: May 9, 2001
Between: Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Georgian Group Inc., Responding Party.
Before: David A. McKee, Vice-Chair.
Decision of the Board
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
2The Board finds that the applicant is a trade union within the meaning of sections 1(1) and 126 of the Act.
3The responding party filed its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
4It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
5The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
6The Board further finds that all carpenters, carpenters’ apprentices and construction labourers in the employ of the responding party in all sectors of the construction industry in the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman, constitute a unit of employees of the responding party appropriate for collective bargaining. The issue with respect to whether or not the bargaining unit description should include carpenters and carpenters’ apprentices can be determined after the vote is held.
7Having regard to the Board's finding as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all carpenters, carpenters’ apprentices and construction labourers in the employ of Georgian Group Inc. in all sectors of the construction industry in the Regional Municipality of Durham (except for the Towns of Ajax and Pickering), the geographic Township of Cavan in the County of Peterborough and the geographic Township of Manvers in the County of Victoria, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
8The vote will be held on May 11, 2001. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
9In response to paragraph 10 of the response, the responding party has indicated that there is a collective agreement covering the employees, or some of them, in the voting constituency. No details are provided and no copy of the agreement is attached. The responding party is directed forthwith to advise the Board of the bargaining unit and trade union party to this collective agreement, if any, and to provide a copy of this agreement as soon as possible.
10The responding party is directed to post copies of the application for certification, the “Notice to Employees of Application for Certification”, this decision and the "Notice of Vote and of Meeting" in a location or locations where they are most likely to come to the attention of those individuals who are eligible to vote. These copies must remain posted for 30 days.
11All individuals who were employed by Georgian Group Inc. and at work in the voting constituency on May 4, 2001 are eligible to vote.
12Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13Any party or person who wishes to make representations to the Board about any issue relating to the application for certification which remains in dispute, other than status disputes, must file a detailed statement of representations and all material facts upon which they rely 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. 9: Status Disputes in Certification Applications in the Construction Industry.
14This matter is referred to the Registrar.
“David A. McKee”
for the Board