I. Kurchak

The applicants, two construction trade unions, applied for certification to represent standard craft units of employees of the City of St. Thomas.

The City and the intervenor union, CUPE, argued the applications were untimely because a current collective agreement between the City and CUPE covered the employees in question.

The applicants contended that the CUPE agreement did not cover construction trades or, alternatively, that CUPE had abandoned its bargaining rights.

The Board found that the CUPE collective agreement's 'all employee' recognition clause applied to the outside workers performing construction tasks, and there was no evidence of abandonment.

The applications were dismissed as untimely.

The applicant union filed a grievance against the respondent employer.

In a prior decision, the Board determined liability but remained seized on damages.

Before the damages issue could be resolved, the original Vice-Chair died.

A new panel, with a substituted Vice-Chair and the original Board members, was convened.

The respondent argued the Board lacked jurisdiction to substitute Vice-Chairs and that the matter must recommence from the beginning.

The Board held it had jurisdiction to continue, as damages appeared to be a discrete issue from liability.

The matter was relisted to determine if the prior decision was sufficiently clear to assess damages without rehearing evidence.

The respondent requested reconsideration of an October 9, 1990 decision certifying the applicant union, arguing it did not receive timely notice of the application and was therefore unable to file a timely reply or post notices for employees.

The Board noted conflicting evidence regarding when the respondent received the documentation and when the notices were posted.

Given the factual dispute, the Board directed that the matter be listed for a hearing to hear evidence and representations on the issues raised in the reconsideration request.