Vince Brannigan

The applicants, members of Local 598, filed an application to terminate the bargaining rights of the Bricklayers union.

The Bricklayers argued the application must fail because the applicants were not 'employees in the bargaining unit' under section 63 of the Labour Relations Act, 1995.

The Board found that on the date of the application, the applicants were performing work under the Local 598 collective agreement, not the Bricklayers' collective agreement.

Applying the principles from April Waterproofing, the Board concluded the applicants were not employees in the Bricklayers' bargaining unit and dismissed the termination application.

The Ontario Labour Relations Board held a consultation regarding a jurisdictional dispute over a work assignment between the Bricklayers and the Operative Plasterers.

The employer had a pre-existing collective agreement with the Bricklayers but voluntarily recognized the Operative Plasterers for the project in question.

The Board determined that the work ought to have been assigned to the Bricklayers, given their pre-existing bargaining rights covering the work, compared to the recently recognized Operative Plasterers.

The related unfair labour practice and construction industry grievance applications were adjourned sine die.