W. Curtis

The applicant union sought certification for employees of the respondent, an employer in the construction industry.

Both parties agreed that the appropriate bargaining unit should be described as 'all employees' rather than limited to specific trades on the date of application.

The Board noted its usual practice of restricting construction industry units to specific trades to avoid jurisdictional disputes.

However, because the employees performed both construction and non-construction work, the Board found that an 'all employees' unit was appropriate to prevent fragmentation and disruption.

The Board also accepted the parties' agreement to use the phrase 'at and out of' Bowmanville, given that employees worked at various job sites.

Finding that more than 55% of the employees were union members, the Board granted the application and issued a certificate.

The applicant trade union applied for certification to represent employees of the respondent, an employer engaged in the fabrication and erection of structural steel.

The respondent brought a motion to dismiss the application, arguing that because it operates in the construction industry, only a trade union pertaining to the construction industry under section 117(f) of the Labour Relations Act could apply.

The Board dismissed the motion, finding that while the respondent and its employees fall within the construction industry provisions, section 144(5) and the general provisions of the Act permit a non-construction trade union to apply for certification outside the province-wide bargaining scheme.