[1988] OLRB Rep. March 277
0373-87-U General Contractors' Division of the Construction Association of Thunder Bay Inc., Applicant v. Lumber and Sawmill Workers' Union, Local 2693 of the United Brotherhood of Carpenters and Joiners of America and Labourers' International Union of North America, Local 607, and Labourers International Union of North America Ontario Provincial District Council, Respondents v. Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America, Intervener
BEFORE: R. A. Furness, Vice-Chair, and Board Members C. A. Ballentine and I. M. Stamp.
DECISION OF THE BOARD; March 9, 1988
On May 7, 1987, the applicant applied to the Board for relief under the provisions of section 135(2a) of the Labour Relations Act. In a decision dated July 31, 1987, the Board made the following direction:
Having regard to the foregoing and pursuant to the provisions of section 135(2a) of the Act, the Board declares that the collective agreement between the General Contractors' Division of the Construction Association of Thunder Bay Incorporated and the Lumber and Sawmill Workers' Union, Local 2693 of the United Brotherhood of Carpenters and Joiners of America made on December 17, 1986, is unlawful as an agreement or other arrangement other than a provincial agreement contrary to subsection 146(1) of the Labour Relations Act, R.S.O. 1980, c.228 as amended and accordingly is null and void and of no force and effect and is not binding upon the General Contractors' Division of the Construction Association of Thunder Bay Incorporated or any of its members.
On July 31, 1987, pursuant to section 135(3) of the Labour Relations Act, the Board filed in the office of the Registrar of the Supreme Court a copy of this direction. Due to a typographical error a corrected version of the direction was filed in the Supreme Court on August 7, 1987.
- In a letter dated November 9, 1987, counsel for Lumber and Sawmill Workers Union, Local 2693 ("Local 2693") has stated as follows:
It has been brought to our attention that the Board, in its Decision of July 31, 1987, declared that the Collective Agreement between the General Contractors Division of the Construction Association of Thunder Bay Inc. and Local 2693 was null and void.
In the circumstances of the case it appears clear to us that the intention of the Board was to declare that agreement to be null and void insofar as it applied to the I.C.I. Sector of the Construction Industry. As the Collective Agreement is an "all sector" Agreement, it would then remain valid and binding in all other sectors of the Construction Industry.
We would ask that the Board therefore review and clarify its decision in this regard.
- In a letter dated November 30, 1987, counsel for the Labourers' International Union of North America, Local 607, and Labourers' International Union of North America Ontario Provincial District Council has stated as follows:
Under cover of letter dated November 24, 1987 from the Board Registrar, we are in receipt of a letter dated November 9, 1987 from counsel for Carpenters, Local 2693.
We dispute the crux of the representation of counsel that the Board did not intend to declare the entirety of the collective agreement between the General Contractors Division of the Construction Association of Thunder Bay Inc. and Carpenters, Local 2693 null and void. We dispute the assertions contained in counsel's letter. We note that counsel's letter does not request reconsideration of the issue. Further, we hasten to point out that counsel refrained from any representations relating to the other sectors of the construction industry throughout the entirety of these proceedings and accordingly cannot now bring them forward.
Should counsel formally request a reconsideration of the Board's decision of July 31, 1987, we require notice thereof and a reasonable opportunity to respond thereto at length.
- In a letter dated January 6, 1988, the Registrar of the Board advised all of the parties as follows:
Further to your letter of November 9th, 1984, wherein you have asked that the Board review and clarify its decision of July 31, 1987, and Mr. Wahl’s letter of November 30th, 1987, please be advised as follows:
As you are aware, the Board in its decision dated July 31, 1987, made the following declaration:
- Having regard to the foregoing and pursuant to the provisions of section 135(2) of the Act, the Board declares that the collective agreement between the General Contractors' Division of the Construction Association of Thunder Bay Incorporated and the Lumber and Sawmill Workers' Union, Local 2693 of the United Brotherhood of Carpenters and Joiners of America made on December 17, 1986, is unlawful as an agreement contrary to subsection 146(1) of the Labour Relations Act, R.S.O. 1980, c. 228 as amended and accordingly is null and void and of no force and effect and is not binding upon the General Contractors' Division of the Construction Association of Thunder Bay Incorporated or any of its members.
The Board following a hearing, exercised its jurisdiction pursuant to section 135(2a) of the Labour Relations Act, and issued its decision.
The Board does not provide advisory opinions, nor except to the extent that its decisions speak for themselves, does it act to explain or clarify a particular decision.
I note that no request has been made to the Board to reconsider or vary its decision. In the event that your client wishes to make such a request, this request should be made to the Board.
In a letter dated January 12, 1988, counsel for Local 2693 requested the Board to reconsider its decision dated July 31, 1987. The Board advised the other parties of this request. None of the other parties has responded to this request.
Having regard to the representations before it, the Board, pursuant to section 106(1) of the Labour Relations Act, varies its decision in this matter by deleting paragraph 16 thereof and substituting the following therefore:
Having regard to the foregoing and pursuant to the provisions of section 135(2a) of the Act, the Board declares that the collective agreement between the General Contractors' Division of the Construction Association of Thunder Bay Incorporated and the Lumber and Sawmill Workers' Union, Local 2693 of the United Brotherhood of Carpenters and Joiners of America made on December 17, 1986, insofar as it purports to apply to the industrial, commercial and institutional sector of the construction industry, is unlawful as an agreement or other arrangement other than a provincial agreement contrary to subsection 146(1) of the Labour Relations Act, R.S.O. 1980, c. 228 as amended and accordingly is null and void and of no force and effect and is not binding upon the Construction Association of Thunder Bay Incorporated on any of its members in the industrial, commercial and institutional sector of the construction industry.
In all other respects the decision of the Board in this matter dated July 31, 1987, remains unchanged.
The Registrar is directed to cause a copy of this direction to be filed exclusive of reasons in the prescribed form at the office of the Registrar of the Supreme Court of Ontario.