[1988] OLRB Rep. June 560
2033-87-G United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46, Applicant v. The Board of Governors of Exhibition Place, Respondent v. Labourers International Union of North America, Local 183, Intervener
BEFORE: Harry Freedman, Vice-Chair, and Board Members D. A. MacDonald and C. A. Ballentine.
APPEARANCES: Donald W. Wilson, Bill Weatherup, Jack Quinlan and Wayne Trahan for the applicant; Paul Young, Keith Baxter and Ted Ballinger for the respondent; S. B.D. WahI and A. Dionysio for the intervener.
DECISION OF THE BOARD; June 21, 1988
- The Board made the following oral ruling at its hearing in this matter on June 20, 1988, after hearing from counsel for the applicant and without calling upon counsel for the respondent or counsel for the intervener to reply:
This is a referral of a grievance to arbitration in which the Board, differently constituted, by decision dated January 21,1988 recorded that the respondent sought a determination under section 150 of the Labour Relations Act as to whether the work that is the subject of this grievance was within the industrial, commercial and institutional sector of the construction industry. The Board also noted:
"The applicant has asked that the Board schedule the matter for hearing having regard to the position of the respondent."
In the view of the parties' position, the Board authorized a Labour Relations Officer "... to prepare a list of the persons who are, in the view of the applicant and the respondent, to receive notice of this application under section 150 of the Act."
Such a list was prepared. The respondent took the position that the Ontario Sewer and Watermain Contractors Association; Labourers International Union of North America, Local 183; and Kenneth Siddall Inc. ought to be given notice and be entitled to participate in these proceedings. The applicant takes the position that those three entities are not entitled to participate.
The work which is the subject of this grievance arose on an irrigation project by which the respondent is drawing water from Lake Ontario to irrigate its grounds. The respondent indicated that there are three phases to the irrigation project. The first phase is now completed. The second and third phrases will be subject to separate tenders. Counsel for the respondent indicated that the same issue with respect to the work which is the subject of this dispute will arise in the second and third phases of the irrigation project. Harbridge & Cross Ltd., [1979] OLRB Rep. April 313 sets out the criteria for a party having status to participate in a proceeding under section 150 of the Act. The Board wrote at paragraphs 8 and 9, page 314:
"Section 135 [now section 150] clearly indicates who may make an application and refers to 'work performed or to be performed by employees'. It appears to the Board that the project with respect to which any question arises either with reference to present or future work must form the point of departure in determining which persons have status to participate in a proceeding under section 135.
In our view, in order for a person to have standing to participate in a proceeding under section 135 such a person is required to have a direct connection with the project wherein the question arises or will arise. A direct connection is possessed by a person who employs employees who are working or who will work on the project; trade unions or councils of trade unions which have bargaining rights for employees who are working or who will work on the project; and employer bargaining agencies, employee bargaining agencies and affiliated bargaining agents which represent the employers, trade unions or employees previously referred to in this paragraph."
In this case it is clear that the Labourers International Union of North America, Local 183 represented the employees who did the work which is the subject of this grievance. Kenneth Siddall Inc. was their employer. Since the irrigation project will continue in the future, and the same sector issue will arise, we believe it appropriate to allow Local 183 to participate in these proceedings since it represented the employees who did the work in the first phase, and, depending on the assignment of the work by the respondent in the second and third phases of the project, may represent the employees who do the work on the project during those phases.
Kenneth Siddall Inc. and the Ontario Sewer and Watermain Contractors Association received notice of this proceeding and did not appear. Under these circumstances, it is not necessary for the Board to determine their entitlement to participate as parties since they have not come forward to express any interest or participate.
The Board hereby rules that Labourers International Union of North America, Local 183 has status to intervene in this matter.
This matter is referred to the Registrar to be scheduled for hearing.
This panel of the Board is not seized with this matter.