[1987] OLRB Rep. December 1554
2239-87-M Labourers' International Union of North America, Local 607, Applicant v. Ledcor Industries Ltd. and Castonguay Blasting Ltd., Respondents
BEFORE: Robert Herman, Vice-Chain, and Board Members R. M. Sloan and J. Redshaw.
DECISION OF THE BOARD; December 2, 1987
This is an application under section 11 of the Labour Relations Act for a direction giving the applicant access to property described as the Road Construction Site, Bending Lake Road, from 19.6 kilometers south of Highway 17, Southerly 11.3 kilometers (approximately 95 kilometers north of Atikokan at the end of Highway 807).
Leave is hereby given to the applicant to withdraw the application with respect to the respondent Castonguay Blasting Ltd. The applicant advised the Board that it understood that an application for certification had already been filed with respect to this respondent, and the terminal date of that application had already passed. The applicant further advised the Board that if the terminal date was extended in that application, the applicant might well be bringing another application under section 11 for access with respect to premises controlled by Castonguay.
The parties agreed that it was appropriate to direct access upon the following terms:
(a) Before attempting to enter the camp,the applicant shall notify Jack Cameron or Geoff Akehunst or their designate not later than the close of business on the last business day prior to the day on which access is desired.
(b) There shall be no solicitation of an employee during the employee's working hours.
(c) While in the camp, the representatives of the applicant will obey all camp rules and regulations by which employees' conduct is governed including those relating to the use of safety equipment.
(d) At the time of entering the camp the union representative(s) must notify the camp attendant or his/her designated representative if he or she is reasonably available.
(e) Access on any given day shall be by no more than three of Phil Harris, Michael Reynolds, and/or any person or persons bearing the written authorization of one of the foregoing.
(f) Access shall occur between the hours of 9:00 a.m. and 10:00 p.m.
(g) This order shall expire on the terminal date fixed for any application for certification by the applicant with respect to employees of the respondent residing at the property in question.
We hereby direct that the respondent grant the applicant access on these terms.
In addition to the terms agreed upon between the parties which we have directed above, the respondent asked the Board to include one more restriction. In another decision of this Board, Board File No. 2051-87-M, concerning the same respondent employer but with the Internat1ional Union of Operating Engineers, Local 793, as the applicant union, the Board directed access according to the terms we have set out above and which we have directed in the instant case. It is tot disputed that the only building or structure large enough for the organizing unions, either Local 793 of the Operating Engineers or the applicant, to utilize as a meeting place is the Mess -Tall used by employees. The respondent is concerned about potential problems that might arise should both unions be on the premises on the same day, and more particularly, seek to utilize the ole Mess Hall on the same day for meetings. Accordingly, the respondent asked that we restrict in some fashion the access by this applicant to those days on which Local 793 did not exercise its access rights.
After considering the full submissions of the parties on this issue, the Board declined to restrict access as requested by the respondent employer. To restrict access of the applicant as requested to those days when representatives of the Operating Engineers, Local 793 were not on site, would be to give an advantage for organizing purposes to Local 793. The direction issued with respect to its right of access contained no such requirement, and any direction this panel might issue would only be legally binding on this applicant, Labourers' Local 607. Local 793 would therefore have a direction which placed no restrictions on its ability to have access to the premises on any day, while restricting access of this applicant to those days when Local 793 chose not to utilize its access rights.
Quite apart from the effect that such a direction might have upon the relative organizing abilities of the two unions, we can see no reason why both unions should not be entitled to access to the camp on the same day, if they should so desire, and consistent with the terms of our direction outlined above. The fact that employees may be subjected to organizers from competing unions on the same day is a matter that employees can readily deal with themselves. Employees are in no way forced to listen to particular organizers, and the Board only ensures that they have he opportunity to listen should they so desire.
It is to be hoped that the competing unions will co-ordinate their organizing efforts so that problems do not anise with respect to the use of the Mess Hall premises. We see no problem With both unions using the Mess Hall on the same day, but at different times. Equally, even should they seek to use the Mess Hall premises at the same time on the same day, it may well be that no problems occur. We offer no comments on whether the two unions are entitled as of right to use the Mess Hall premises at the same time, only that we are not prepared to preclude them at this stage from so doing.
Should problems arise with respect to the use of the Mess Hall by both unions at the same time on the same day, then either party shall be free to request that this matter be brought hack on for hearing. The panty so requesting is hereby directed to notify Local 793 of the Operating Engineers of the request that this matter be re-listed for hearing. Additionally, should the mater be re-listed on this basis, notice of hearing of the next hearing date is hereby directed to be given to Local 793 of the Operating Engineers. Any such notice should indicate that in addition to all other matters to be dealt with at the hearing, the Board will deal with the issue of whether Local 793 should be added as a respondent to these proceedings. In this fashion, with the respondent employer and both competing unions before a panel of the Board, the Board will be able to deal with any problems with respect to access.
In the interim however, access is directed as noted in the terms set out above and agreed to by the parties. Those terms are continued in effect until the Board directs otherwise, and are not to be suspended by the listing of this matter for further hearing.
This panel is not seized, and the matter can be re-listed before a differently constituted panel.