1931-01-R Justin Lavender, Gary Lewis, Applicants v. Cement, Lime, Gypsum and Allied Workers Division, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, A.F.L.-C.I.O.-C.F.L., Responding Party v. Essroc Canada Inc., Intervenor.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; October 17, 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on October 12, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Essroc Canada Inc., with an effective date of December 1, 1997, until November 30, 2001. The bargaining unit description in that collective agreement is as follows:
all employees with respect to rates of pay, hours of work and other conditions of work. The word “employee” whenever used in the collective agreement shall mean all maintenance and production employees of Essroc Canada Inc. at its Plant and Quarry in the Township of Sophiasburgh, save and except foremen, persons above the rank of foreman, office and clerical personnel and security guards.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
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 Essroc Canada Inc. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on October 12, 2001, the application filing date, will be eligible to vote.
The vote will be held on October 23, 2001. Other vote arrangements will be as determined by the Registrar and 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 Essroc Canada Inc.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 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 by the Board 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. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Anthony Brown”
for the Board