Ontario Labour Relations Board
[1984] OLRB Rep. April 638
Between: International Union of Operating Engineers, Local 793, Complainant, v. Noranda Mines Limited and Noranda Exploration Company Limited, Canadian Mine Services Limited, Cameron McMynn Contracting Limited, Canadian Mine Enterprises Limited, Respondents, v. Labourers International Union of North America Ontario Provincial District Council, Labourers International Union of North America, Local 607, United Brotherhood of Carpenters and Joiners of America, Local 1669, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 508, International Association of Bridge, Structural and Ornamental Ironworkers, Local 759 and United Steelworkers of America, Interveners;
And Between: United Brotherhood of Carpenters and Joiners of America, Local 1669, and International Association of Bridge, Structural and Ornamental Ironworkers, Local 759, Complainants, v. Cameron McMynn Contracting Limited, Canadian Mine Enterprises Limited, Canadian Mine Services Limited and Noranda Mines Limited and Noranda Exploration Company Limited, Respondents, v. Labourers International Union of North America Ontario Provincial District Council, Labourers International Union of North America, Local 607, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 508, and United Steelworkers of America, Interveners
Before: M. G. Mitchnick, Vice-Chairman, and Board Members W. H. Wightman and P. J. O'Keeffe.
Appearances: S. B. D. WahI for Operating Engineers and Labourers; John Keenan, L. Highcock, A. M. Turnbull and J. Snow for Noranda Mines; R. J. Drmaj for G'anadian Mines and Cameron McMynn; Harold F Caley, Jack Pesheau and Bill Sherman for Carpenters; Michael A. Church, Larry Baillee and Robert Stoppell for Iron workers; Alex J. Ahee and Marcel Jolie for UA. Local 508; Alex J. Ahee for Boilermakers' Lodge 128; Brian Shell for Steelworkers; Raimo T Heikkila for Bluebird Construction.
Decision of the Board
November 25, 1983
1These are consolidated matters filed under sections 89, 93 and 135 of the Labour Relations Act. The matter complained of was essentially the alleged violation of a consent access order issued by the Board in Board File Nos. 1085-83-M, 1 l00-83-M and 1306-83-M, and the parties, with the exception of the United Steelworkers of America, were content to have the Board deal with it on that basis. On the agreement of the parties, the Board made it clear that no access order had been made, or was in issue, with respect to Bluebird Construction or Kilborn Limited. It is noted that the Boilermakers, Lodge 128, although appearing through counsel, were not parties to the original access order.
2For reasons given orally at the hearing, the Board found that it was unnecessary in the case before it to establish general rules for the life span of an access order described without temporal limitation, or deal in that regard with the relationship between sections 11 and 79 of the Act. Particularly in light of the competing application for certification filed by the United Steelworkers of America, and the presence of that union on the jobsite as a result of their challenged collective agreement, the Board found a bona fide justification to exist for the complainant building trade unions' assertion that they continued to require access to the property in the terms agreed upon for the purpose of attempting to persuade the employees to join their union. The Board therefore declined to read into the access order a term which would have declared the order to be "spent" by the time of the hearing.
3The Board accordingly made it clear that the consent access order continued in effect for each union named therein to the point of the hearing, and until a vote is held or the competition for members under their respective application for certification is otherwise determined. The Board also noted that the access order unquestionably continued in effect for any trade union named in the order who had not yet filed their application for certification, and for whom no "terminal date" had therefore been reached.