F. Bickford

The applicant union applied for certification and requested a pre-hearing representation vote for employees of several construction companies.

The respondents and intervener raised complex issues, including whether the companies were related employers under section 1(4) of the Labour Relations Act and whether the intervener already held bargaining rights.

Despite these complexities, the Board directed a pre-hearing vote to ensure employees could vote before the construction workforce dispersed.

To accommodate the unresolved issue of the intervener's bargaining rights, the Board ordered a unique two-ballot procedure, with all ballots segregated and sealed pending a future hearing.

The Minister of Labour referred a question to the Ontario Labour Relations Board under s. 96(1) of the Labour Relations Act regarding his authority to appoint a person to constitute a Board of Arbitration.

The trade union and the employer were bound by a collective agreement that expired, and the union sought to invoke an interest arbitration provision for the next agreement.

The employer refused to appoint a nominee, and the union filed a grievance alleging a breach of the statutory freeze period under s. 70(1).

The Board held that s. 70(3) allows alleged breaches of the freeze period to be referred to arbitration, and incorporates s. 37(4) which permits the Minister to appoint an arbitrator.

The Board concluded that the Minister has the jurisdiction to appoint a person to constitute a rights arbitration board to rule on the union's interpretation of the preserved provision.