Ontario Labour Relations Board
[1986] OLRB Rep. October 1393
0680-86-R International Brotherhood of Electrical Workers Local Union 353, Applicant, v. 584317 Ontario Limited, carrying on business as R. & H. Electric Co.; Concept Electric Inc., Respondents
BEFORE: N. B. Satterfield, Vice-Chairman, and Board Members W. H. Wightman and J. Redshaw.
APPEARANCES: S.B.D. Wahl and M. Lloyd for the applicant; R. A. Werry, M. Contini, J. Vair and R. Moeser for 584317 Ontario Limited carrying on business as R. & H. Electric Co.; R. A. Werry, M. Contini, J. Vair and R. Pancer for Concept Electric Inc.
DECISION OF THE BOARD; September 30, 1986
Reasons for Decision
1The name of the respondent R & H Electric has been amended to read: "584317 Qntario Limited, carrying on business as R. & H. Electric Co.". Pursuant to the decision of the Board, differently constituted, dated June 18, 1986, Concept Electric Inc. is added as a respondent.
2This is an application for certification made under the construction industry provisions of the Act.
3The Board finds that the applicant is a trade union within the meaning of section 1(l)(p) of the Labour Relations Act and is an affiliated bargaining agent of a designated employee bargaining agency. Pursuant to the designation issued by the Minister under section 139(1) of the Act on December 12, 1977, the designated employee bargaining agency is the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario.
4The Board further finds that this is an application for certification within the meaning of section 119 of the Labour Relations Act and is an application made pursuant to section 144(1) of the Act which provides that:
An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in clause 117(e) shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection 3 or by voluntary recognition.
5In applications for certification which are filed under the construction industry provisions of the Act, the Board need not hold a hearing (see section 102(14) of the Act). There were several reasons in this application why it was necessary for the Board to list the application for hearing. Following the making of the application, the applicant requested that section 1(4) of the Act be applied. This made it necessary for the Board to extend the terminal date which had been set for the application for certification so that it could serve new notices of the application on the parties and the employees, as well as serve notice of the application under section 1(4) of the Act on the parties and the employees. The reply filed by the respondent 584317 Ontario Limited, carrying on business as R. & H. Electric Co. ("the respondent") also raised issues which required a hearing in order to receive the evidence and representations of the parties on those issues. The issues were set out in Schedule "A" to the reply as follows:
The Respondent notes that this Application for Certification relates to the Industrial, Commercial and Institutional sector of the Construction Industry. As a result, if successful, the Respondent will be bound to the Provincial Collective Agreement between The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario (the "Provincial Agreement"), by operation of the Labour Relations Act. The Respondent notes from Article 202 of the Provincial Agreement that the territorial jurisdiction of the Applicant trade Union, IBEW, Local 353, is limited to Toronto and surrounding area. It does not include Guelph. The said Article 202 indicates Guelph is within the territorial jurisdiction of IBEW, Local 804.
At the time this Application for Certification was made, only one employee in the bargaining unit described in the Application of the applicant was employed on a job within the territorial jurisdiction of Local 353. The other 12 employees in the bargaining unit described in the Application of the Applicant were employed on the AMC job in Guelph, within the territorial jurisdiction of Local 804.
In light of the provisions of Article 7.02 of the Collective Agreement, the Respondent respectfully submits that this Application is not properly brought by the Applicant, IBEW, Local 353. The Respondent submits that the granting of a certificate in this case would require it to dismiss the great majority of the electricians in its employ prior to the completion of its work within the territorial jurisdiction of Local 804 of the IBEW, pursuant to the provisions of Article 70