Sudbury Construction Association v. Sudbury Building and Construction Trades Council
[1980] OLRB Rep. November 1700
1736-80-U Sudbury Construction Association, Spiers Industrial Contractors Inc., Spiers Brothers Limited, ROMM Construction Company Limited, Applicants, v. Sudbury Building and Construction Trades Council, L. Popovich, The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada. Local 800, and M. Zangari, Respondents
BEFORE: R. A. Furness, Vice-Chairman.
APPEARANCES: R. A. Werry, H. Martin, J. Rudack and D. Lloyd for the applicants; Jeffrey Egner and Mike Zangari for The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada, Local 800, and M. Zangari; no one appearing for Sudbury Building and Construction Trades Council and L. Popovich.
DECISION OF THE BOARD; November 17, 1980
1The applicant has applied for relief under section 123 of The Labour Relations Act and has alleged that from May 29, 1979, and, intermittently, to the present, unlawful strikes have occurred with the most recent unlawful strike commencing on November 4, 1980, and continuing to the present. The applicants are seeking a direction against the Sudbury Building and Construction Trades Council (the "Council") and its president L. Popovich because of the alleged support of the Council for the alleged unlawful actions of its affiliates.
2The applicants have requested that the Board make the following direction:
(a) That the respondents cease and desist from calling or authorizing an unlawful strike at the Rio Algom Ltd. project at Elliott Lake.
(b) That the respondents cease and desist from counselling, procuring, supporting or encouraging an unlawful strike at the Rio Algom Ltd. project at Elliott Lake.
(c) That the respondents cease and desist from any act to cause an unlawful strike at the Rio Algom Ltd. project at Elliott Lake.
(d) That each and every affiliate of the respondent Building and Construction Trades Council be directed not to do or cause to be done any of the acts referred to in (a), (b) or (c) hereof.
3The Board abridged the time for filing replies to any time prior to the hearing. The respondents, the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada, Local 800 ("Local 800") and Michael Zangari have requested the Board to reconsider its decision in this regard. The Board considered the representations before it and held that there was no reason to reconsider its decision with respect to the abridgement. Local 800 and Mr. Zangari raised objections with respect to the notice they received with respect to this application. While it appeared that these respondents had not received Form 76, Notice of Application for a Direction Under Section 123 of The Act and of Hearing, Construction Industry, or a copy of the decision dated November 12, 1980 (which abridged the time for the filing of replies), they had actual notice of this application and had an opportunity to file a reply before the hearing. While the time for preparing representations by Local 800 and Mr. Zangari was not as long as they would have wished; the Board was satisfied that, having regard to the nature of the application and the allegations contained therein, Local 800 and Mr. Zangari had a reasonable opportunity to prepare their response with respect to this application. In the Board's view, the good character and propriety of conduct were not in issue within the meaning of section 8 of The Statutory Powers Procedure Act, SO., 1971, c. 47. Local 800 and Mr. Zangari also raised issues with respect to the particulars filed by the applicants. The Board held that the particulars sufficiently set forth the particulars of the allegations which Local 800 and Mr. Zangari were required to meet.
4Rio Algom Ltd. is engaged in reactivating five mines in the general area known as Elliott Lake. Apparently there have been a series of strikes in connection with this work. Various trade unions have been involved in disputes in connection with this work, including Local 800. However, not all of these disputes have involved Local 800. These disputes have arisen out of diverse causes such as jurisdictional disputes, the awarding of work by Rio Algom Ltd. to contractors whose employees are either non-unionized and the awarding of work by Rio Algom Ltd. to contractors which have collective agreements with trade unions which are not affiliated with the Council. This has led to the filing of a series of applications under section 123 of the Act. However, all of the applications have been settled by the parties thereto with the exception of one application where the Board issued a direction with respect to the members and officers of Local 1687 of the International Brotherhood of Electrical Workers.
5In the instant application the evidence established that members of Local 800 who are employees of Spiers Brothers Limited engaged in an unlawful strike commencing on November 4, 1980. However, the evidence does not establish that either Local 800 or Mr. Zangari called or authorized or threatened to call or authorize or counselled or procured or supported or encouraged an unlawful strike. The evidence established that Mr. Zangari relayed the concern and anger of some of the members of Local 800 who were working in the general area known as Elliott Lake. In fact, Mr. Zangari sought to avert an unlawful strike which had been threatened by some of the members of Local 800. Unfortunately, Mr. Zangari was unable to prevent this unlawful strike and was genuinely aggrieved when the unlawful strike occurred. Mr. Zangari sought to lay charges against the instigators of the unlawful strike and to find replacements for the strikers. Mr. Zangari did inform representatives of the Association and Spiers Brothers Limited of his intention to have the members of Local 800 work in compliance with its collective agreement. The Board finds that this meant that members of Local 800 would not assist in the performance of work which they were neither trained, qualified nor licensed to perform. The Board finds that Mr. Zangari neither instructed nor advised his members not to handle certain pipe. The application in so far as it relates to Local 800 and Mr. Zangari is dismissed.
6The Board now considers the application in so far as it concerns the Council and its president Mr. Popovich. Two meetings were held between representatives of the Council and representatives of the applicants and Rio Algom Ltd. in September and October of this year. On those occasions matters of concern to the Council and its affiliates were discussed. The Council pointed out why certain problems had occurred in connection with reactivation of mines by Rio Algom Ltd. It was agreed by the witnesses that the tone of these meetings was conciliatory. There was no evidence that either the Council or Mr. Popovich called or authorized or threatened to call or authorized or counselled or procured or supported or encouraged ~n unlawful strike. The fact that some of the affiliates of the Council have in the past been named as respondents in proceedings under section 123 does not in itself implicate either the Council or Mr. Popovich in any unlawful strikes which may have occurred. This application s also dismissed in so far as it relates to the Council and Mr. Popovich.