Ontario Labour Relations Board
[1988] OLRB Rep. January 2
File No.: 2639-87-FC Applicant: United Brotherhood of Carpenters and Joiners of America Local 27 Respondent: Nickey Holdings Ltd. and Maddalena Holdings Ltd., c.o.b. as Artistic Railings
Before: Ken Petryshen, Vice-Chair, and Board Members R. M. Sloan and D. Patterson.
Appearances: J. J. Nyman and Frank D'Abbondanza for the applicant; no one appearing on behalf of the respondent.
Decision of the Board; January 11, 1988
After considering the evidence and the applicant's submissions and after recessing to consider the matter, the Board gave the following decision orally at the hearing on January 11, 1988:
(1) This is an application under section 40a of the Labour Relations Act in which the applicant seeks a direction from the Board that a first collective agreement between itself and the respondent be settled by arbitration.
(2) The application was filed with the Board on December 22, 1987. The Board's Practice Note #18 requires that a respondent, if it intends to oppose the application, file a reply to the application within ten days from the day the application was delivered to it by the applicant. Although properly served with the application, the respondent did not file a reply.
(3) The first day of hearing in this matter was scheduled for January 11, 1988. Since no one had appeared on behalf of the respondent when the proceedings commenced at 9:30 a.m. on January 11, 1988, the Board, following its usual practice, waited until 10:00 a.m. before starting the hearing. When the proceedings recommenced at 10:00 a.m., no one had appeared for the respondent. The Notice of Hearing sent to the respondent by the Registrar of the Board is dated December 30, 1987.
(4) Doug Wray, the primary negotiator for the applicant, was called to t testify in support of the application.
(5) The United Brotherhood of Carpenters and Joiners of America Local 27 ("Local 27") was certified by the Board on June 3, 1987 to represent all carpenters, carpenters' apprentices, labourers, iron-workers and ironworkers' apprentices in the employ of Nickey Holdings Ltd. and Maddalena Holdings Ltd., c.o.b. as Artistic Railings ("Artistic") in Board Area #8 in all sectors of the construction industry, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman. Local 27 gave notice to bargain to Artistic by letter dated June 12, 1987. The first and only bargaining session occurred on September 18, 1987. At that meeting, Local 27 presented its proposals to Nick Prioriello, Artistic's president, and M. Drudi, Artistic's counsel. Since the Artistic representatives wanted time to consider the proposals, another bargaining session was scheduled for September 25, 1987.
(6) On September 24, 1987, Wray called Drudi at approximately 9:30 a.m. and was advised by Drudi that he was no longer acting for Artistic. Drudi suggested that Wray phone Prioriello and gave Wray his telephone number. Wray phoned Prioriello at approximately 9:35 a.m. When Wray asked Prioriello if he was going to meet with the union the next day to bargain, Prioriello said no. Prioriello advised Wray that he was not interested in negotiating with the union and that he did not want the union. Prioriello responded in the affirmative when Wray asked him if he was refusing to meet to negotiate. Prioriello told Wray that the railing companies had decided not to negotiate until the Carpenters organized the builders and organized all the railing companies. Prioriello refused to acknowledge that Artistic had any obligation to bargain with Local 27. Prioriello advised Wray that he told his employees that he was not going to negotiate with the union and that if they wanted the union they should go with the union. The conversation concluded by Wray advising Prioriello that the union would likely take the matter to the Labour Board.
(7) On September 29, 1987, Local 27 made a request for the appointment of a conciliation officer. The Minister of Labour appointed a conciliation officer by letter dated October 9, 1987. The conciliation officer set up a meeting for November 13, 1987. Local 27 attended this meeting but no one appeared on behalf of Artistic. A "no board" report was released dated November 24, 1987.
(8) The material and evidence before us discloses that the process of collective bargaining has been unsuccessful. At least from September 24, 1987 to the present, Artistic has refused to recognize the bargaining authority of the trade union. In addition, the respondent has failed to make reasonable or expeditious efforts to conclude a collective agreement. Since the pre-conditions set out in section 40a(2)(a) and (c) have been met, the Board will grant the requested relief.
(9) Accordingly, the Board hereby directs the settlement of a first collective agreement by arbitration.