M. M. Vukobrat

The applicant union alleged that the responding employers' association breached a subcontracting clause in their collective agreement.

The clause required the association to subcontract bricklaying only to companies in contractual relations with the applicant or another specific union, provided the two unions formed a 'common Union' by a specified deadline.

The unions formed a certified council of trade unions to meet this requirement.

The Board held that a certified council of trade unions did not constitute a 'common Union' within the meaning of the agreement, as the two unions maintained separate legal and practical existences.

Consequently, the subcontracting clause expired.

The applicants filed a jurisdictional dispute regarding the assignment of piping work for a dust control system by the employer.

The responding union claimed the work based on a trade agreement.

The Ontario Labour Relations Board held that the trade agreement did not apply to dust control systems and that the prevailing practice was to award such work to Sheet Metal Workers.

The Board upheld the employer's assignment of the work to the Sheet Metal Workers.

The applicant union applied for a direction that a first collective agreement be settled by arbitration under section 40a of the Labour Relations Act.

The parties had resolved all issues except for a subcontracting provision.

During bargaining, the respondent municipality stated it did not intend to hire members of the applicant union, as it felt obligated to assign the work to its own employees represented by another union (CUPE).

The Board found that the municipality's approach, combined with its refusal to agree to a subcontracting provision, constituted a refusal to recognize the bargaining authority of the applicant union.

The Board directed that the first collective agreement be settled by arbitration.