Bob Sanelli

The Ontario Locals of the International Union of Bricklayers and Allied Craftworkers (IUBAC) sought greater autonomy, leading the IUBAC to revoke their charters.

The Ontario Locals formed a new union, the Brick and Allied Craft Union of Canada (BACU), and sought to be certified as the employee bargaining agency under section 154 of the Labour Relations Act.

The Board found that the IUBAC violated sections 147 and 149 by revoking the charters without just cause, declaring the revocations null and void.

However, the Board dismissed the BACU's applications for certification, finding that it did not meet the statutory definition of an employee bargaining agency.

The Board ordered structural remedies to protect the autonomy of the Ontario Locals from further unjustified interference by the IUBAC.

The Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen applied under section 154 of the Labour Relations Act, 1995 to be certified as the exclusive employee bargaining agency for the provincial unit, seeking to oust the International Union from the designated agency.

The Board found that the applicant met the statutory definition of an 'employee bargaining agency' and had standing to apply.

The Board further found that a majority of the affiliated bargaining agents supported the application, and conditionally concluded that they held bargaining rights for a majority of employees, subject to any final representations from the opposing parties.