ONTARIO LABOUR RELATIONS BOARD. Labour Relations Act, 1995

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ONTARIO LABOUR RELATIONS BOARD Labour Relations Act, 1995 OLRB Case No: 0883-14-R Certification (Construction) The Carpenters' District Council of Ontario, United Brotherhood of Carpenters and

1 ONTARIO LABOUR RELATIONS BOARD Labour Relations Act, 1995 OLRB Case No: R Certification (Construction) The Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v McKay-Cocker Construction Limited, Responding Party v Labourers' International Union of North America, Local 1059, Intervenor COVER LETTER TO THE PARTIES LISTED ON APPENDIX A: The Board is attaching the following document(s): Decision - July 20, 2015 Certificate - Board Area DATED: July 20, 2015 Catherine Gilbert Registrar Website: Address all communication to: The Registrar Ontario Labour Relations Board 505 University Avenue, 2nd Floor Toronto, Ontario M5G 2P1 Tel: Toll-free: Fax: Pg. 1 of 2

2 ONTARIO LABOUR RELATIONS BOARD THIS IS AN OFFICIAL NOTICE OF THE BOARD OFFICIAL NOTICES OF THE BOARD MUST NOT BE REMOVED, DEFACED OR DESTROYED ALL NOTICES MUST IMMEDIATELY BE POSTED BY THE EMPLOYER (IN LOCATIONS WHERE THEY ARE MOST LIKELY TO COME TO THE ATTENTION OF EMPLOYEES OR OTHER INDIVIDUALS AFFECTED BY THE APPLICATION) NEXT TO THE APPLICATION, THE BOARD'S NOTICE TO EMPLOYEES OF APPLICATION, AND/OR THE BOARD'S DECISION NOTICES MUST REMAIN POSTED FOR 45 BUSINESS DAYS Pg. 2 of 2

ONTARIO LABOUR RELATIONS BOARD OLRB Case No: 0883-14-R The Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v McKay-Cocker Construction

3 ONTARIO LABOUR RELATIONS BOARD OLRB Case No: R The Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v McKay-Cocker Construction Limited, Responding Party v Labourers' International Union of North America, Local 1059, Intervenor BEFORE: David A. McKee, Vice-Chair DECISION OF THE BOARD: July 20, This is an application for certification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O as amended, and in particular section of the Act. This is the final decision in this application. 2. The applicant was filed by the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (the Carpenters ). By decision dated July 7, 2014, the Board issued a decision setting out the nature of the application and reciting that the only issue in the application was the sector of the construction industry into which the project fell. The responding party McKay-Cocker Construction Limited ( McKay-Cocker ) asserted that it was in the industrial, commercial and institutional sector, for which the applicant already had bargaining rights. The Carpenters asserted it was in a non-ici sector and hence they were entitled to be certified. The Carpenters had demonstrated it had the support of more than 55% of the employees in the bargaining unit, if the work was in a non-ici sector. 3. Labourers International Union of North America, Local 1059 ( the Labourers ) filed an intervention July 8, 2015, asserting it had a collective agreement covering all carpenters and carpenters apprentices and that the Carpenters application was therefore barred. By further correspondence it sought to challenge the status of one of

4 - 2 - the employees listed by both McKay-Cocker and the Carpenters as an employee in the bargaining unit on the basis that he was employed in a managerial capacity and therefore not an employee by virtue of subsection 1(3)(b) of the Act. McKay-Cocker withdrew its assertion that the work was in the ICI sector, and agreed with the two unions that it was in one of the non-ici sectors. 4. By decision dated August 18, 2014, the Board determined that it would not accept the challenge the Labourers wished to make with respect to the one employee, but would inquire into the issue of whether the Labourers collective agreement covered carpenters and carpenters apprentices. 5. The Board inquired into the issue and concluded by decision dated June 8, 2015, that the collective agreement between the Labourers and McKay-Cocker did not cover carpenters and carpenters apprentices. A request for reconsideration was filed by the Labourers and denied in a decision dated June 23, At the conclusion of the June 8, 2015 decision, the Board raised one issue that might arise from the finding it had made with respect to other persons who might wish to assert they were carpenters at work on the application date. The Board offered to hear submissions from the parties or any individual. The Laborers declined to make any such submissions on their own behalf or on behalf of any person, as noted in the decision of June 25, Although the Board maintained its schedule for further submissions in that decision, none were received from the Labourers. 7. There are therefore no other issues raised in this proceeding. Accordingly the Board can proceed to determine the application on the material before it. 8. By decision dated July 7, 2014, the Board determined that all carpenters and carpenters apprentices in the employ of McKay-Cocker in all sectors other than the industrial, commercial and institutional sector of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin constituted an appropriate bargaining unit for collective bargaining. 9. As noted there is no issue as to the number of employees in the bargaining unit or their identity. The Board has previously found that the Carpenters submitted membership evidence on behalf of more

5 - 3 - than 55% of those persons. The Board did not accept the challenge by the Labourers to the status of one employee in the bargaining unit. Hence the Carpenters have satisfied the requirement in subsection 128.1(13) to demonstrate that it represents more than 55% of the bargaining unit. 10. The Carpenters has asked that it be certified pursuant to section relying solely on the number of persons in the bargaining unit who are members of the applicant. It is entitled to do so under section There is nothing raised in this application, response or intervention that would cause the Board to consider directing a representation vote. 11. The Board has received no objection from any employee within the time set in the Notice to Employees provided to the responding party for posting. 12. The Board is satisfied that it should certify the Carpenters. 13. Therefore, pursuant to subsection 128.1(13) of the Act, a certificate will issue to the Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America in respect of all carpenters and carpenters apprentices in the employ of McKay- Cocker Construction Limited in all sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of nonworking foreman. 14. The responding party is directed to post copies of this decision immediately in a location or locations where they are most likely to come to the attention of individuals in the bargaining unit. These copies must remain posted for a period of 45 business days. David A. McKee for the Board

6 ONTARIO LABOUR RELATIONS BOARD OLRB Case No: R The Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v McKay-Cocker Construction Limited, Responding Party v Labourers' International Union of North America, Local 1059, Intervenor CERTIFICATE The Board certifies: The Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America as the bargaining agent for the following bargaining unit: all carpenters and carpenters apprentices in the employ of McKay-Cocker Construction Limited in all sectors of the construction industry in the Counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman. This certificate is subject to the terms and qualifications set out in the Board s Decision(s) in this matter. DATED: July 20, 2015 ONTARIO LABOUR RELATIONS BOARD Catherine Gilbert Registrar Pg. 1 of 1

7 APPENDIX A CaleyWray, Labour/Employment Lawyers 65 Queen Street W, Suite 1600 Toronto ON M5H 2M5 Attention: Michael Church - Counsel Tel: ; Fax: churchm@caleywray.com; henrys@caleywray.com CaleyWray, Labour/Employment Lawyers 65 Queen Street W, Suite 1600 Toronto ON M5H 2M5 Attention: Douglas J. Wray Tel: Fax: wrayd@caleywray.com The Carpenters' District Council of Ontario, UBCJA, Local Highbury Avenue S London ON N6N 1P3 Attention: Kevin Hoy - Local Union Coordinator Tel: Fax: khoy1946@rogers.com The Carpenters' District Council of Ontario, UBCJA, Local Highbury Avenue S London ON N6N 1P3 Attention: James Hueston - Business Representative Fax: jhueston@thecarpentersunion.ca The Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America 222 Rowntree Dairy Road Woodbridge ON L4L 9T2 Attention: John Moszynski - Senior General Counsel Tel: Fax: jmoszynski@thecarpentersunion.ca; lpittari@thecarpentersunion.ca The Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America 222 Rowntree Dairy Road Woodbridge ON L4L 9T2 Attention: Carlos Pimentel - Director of Organizing Tel: Fax: Pg. 1 of 2

8 Filion Wakely Thorup Angeletti LLP 620 A Richmond Street, 2nd Floor London ON N6A 5J9 Attention: Frank A. Angeletti - Counsel Tel: Fax: franka@filion.on.ca Filion Wakely Thorup Angeletti LLP 620 A Richmond Street, 2nd Floor London ON N6A 5J9 Attention: Brian P. MacDonald - Counsel Tel: Fax: McKay-Cocker Construction Limited 1665 Oxford Street E P.O. Box 7345 London ON N5Y 5R9 Attention: Paul E. Gunning Tel: Fax: pgunning@mckaycocker.com Goldblatt Partners LLP 20 Dundas Street W, Suite 1100 Toronto ON M5G 2G8 Attention: L. A. Richmond - Counsel Tel: Fax: lrichmond@sgmlaw.com Labourers' International Union of North America, Local Firestone Boulevard London ON N5W 5L4 Attention: Jim MacKinnon - Business Manager Fax: jmackinnon@liuna1059.com Pg. 2 of 2

NOTICE TO EMPLOYEES OF APPLICATION FOR CERTIFICATION

File No.: 0625-16-R Application Filing Date: May 31, 2016 COLLEGES COLLECTIVE BARGAINING ACT, 2008 NOTICE TO EMPLOYEES OF APPLICATION FOR CERTIFICATION APPLICATION FOR CERTIFICATION This Notice has been