[1980] OLRB Rep. April 399
2214-79-R The Millwright District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, on behalf of Locals 494, 1007, 1410, 1425, 1592, 1669, 1916 and 2309, United Brotherhood of Carpenters and Joiners of America, Applicant, v. Ascot Millwrighting, Respondent, v. Association of Millwrighting Contractors of Ontario, Intervener.
BEFORE: B. Satterfield, Vice-Chairman and Board Members H. J. F. Ade and 0. Hodges.
APPEARANCES: H. Caley and Ted Ryan for the applicant, no one appearing for the respondent; R. A. Werryforthe intervener.
DECISION OF THE BOARD; April 3, 1980
This is an application for certification in the construction industry and in respect of which the Registrar has advised the applicant that it would have to be prepared at a hearing of the Board to establish its status as a council of trade unions under section 1(1)(g) of The Labour Relations Act. The applicant was also advised that three of the locals which it claimed to represent would have to be prepared also to prove their status as a trade union within the meaning of section 1(1)(n) of the Act. A hearing of the Board was held for these purposes.
The Act defines a council of trade unions and a trade union in the following terms:
“1.-(1) In this Act,
(g) “council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;
(n) "trade union" means an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national, or international trade union, a certified council of trade unions and a designated or certified employee bargaining agency." Section 9 of the Act deals as follows with the certification of a council of trade unions:
"(1) Sections 5 to 12 and 106 and 108 apply mutatis mutandis to an application for certification by a council of trade unions, but, before the Board certifies such a council as bargaining agent for the employees of an employer in a bargaining unit, the Board shall satisfy itself that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.
(2) Where the Board is of opinion that appropriate authority has not been vested in the applicant, the Board may postpone disposition of the application to enable the constituent unions to vest such additional or other authority as the Board considers necessary.
(3) For the purposes of sections 7 and 8, a person who is a member of any constituent trade union of a council shall be deemed by the Board to be a member of the council."
The charters granted by the United Brotherhood of Carpenters and Joiners of America to its Locals 1007, 1425 and 1916 were submitted to the Board for examination and minutes of the individual meetings of the three locals at which the charters were installed were entered into exhibit. Having regard for the fact that the United Brotherhood is a trade union within the meaning of section 1(1)(n) of the Act and for the evidence before the Board, the Board is satisfied that Locals 1007, 1425 and 1916 are also trade unions within the meaning of section 1(1)(n) of the Act. In February 1970, all of the locals for which the council claims to act, except Local 1007, commenced action to form the Millwright District Council of Ontario. These locals were bound at the time to a collective agreement with the intervener. To this end, special meetings were held of each local at which the membership voted to form the council and approved draft by-laws for the council. Application for charter was made to the United Brotherhood by letter dated March 29th, 1974. The charter was issued under date of November 30th, 1974 and installed at the council's first annual general meeting held on that date and continuing on December 1st, 1974. At the same meeting, the bylaws of the council were ratified and officers were elected pursuant to them. The ratified bylaws were submitted to the United Brotherhood and received its approval on January 13, 1975. Subsequent to the first annual general meeting, each of the founding locals of the council assigned their bargaining rights to it. The Council's by-laws empower it to obtain bargaining rights whether by voluntary recognition or certification, to bargain for and on behalf of its affiliated locals in respect of wages, working conditions and all other matters pertaining to the regulation of relations with employers and to conclude collective agreements.
Local 1007 was formed when the millwrighting members of Local 38 voted at a special meeting to form a separate local of the United Brotherhood which would be affiliated with the council. The United Brotherhood issued a charter to Local 1007 under date of November 29th, 1976 and this charter was installed at a membership meeting of the local held February" 17th, 1977. At the same meeting, the local was installed as a member of the council. Subsequently, Local 1007 assigned its bargaining rights to the council.
Since the Board has found Locals 1007, 1425 and 1916 to be trade unions within section 1(1)(n) of the Act, since the other constituent trade unions of the applicant have been found in. prior proceedings of the Board to be trade unions within the meaning of the Act and, therefore, pursuant to section 94 are trade unions within the meaning of the Act, the Board finds that all of the locals which the applicant claims to represent are trade unions within the meaning of section 1(1)(n) of the Act.
Having regard to the charter issued by the United Brotherhood and to the evidence of the events leading thereto, the Board is satisfied that the applicant is a council of trade unions within the meaning of section 1(1)(g) of the Act. Furthermore, having regard to:
(a) the evidence that the constituent trade unions of the council have assigned their bargaining rights to it; and
(b) the authority vested in the council by its by-laws to obtain bargaining rights, to bargain for and on behalf of its affiliates in respect of wages, working conditions and all other matters pertaining to the regulation of relations with employers and to conclude collective agreements,
the Board is satisfied that each of the constituent trade unions has vested appropriate authority in the council to enable it to discharge its responsibilities as a bargaining agent on their behalf, all as stipulated by section 9 of the Act.
The Board finds that this is an application for certification within the meaning of section 108 of The Labour Relations Act.
A certificate will issue to the applicant.