[1988] OLRB Rep. August 749
0424-88-R; 0658-88-U United Brotherhood of Carpenters' and Joiners of America Local Union 27, Applicant v. 704039 Ontario Limited, carrying on business as Construction 2000, Respondent v. Labourers' International Union of North America, Local 183, Intervener v. Group of Employees, Objectors; United Brotherhood of Carpenters and Joiners of America, Local 27, Complainant v. 704039 Ontario Limited, carrying on business as Construction 2000, Respondent
BEFORE: N. B. Satterfield, Vice-Chair, and Board Members M. Eayrs and H. Kobryn.
APPEARANCES: J. David Watson and Joe Almeida for the applicant/complainant; B. L. Mendrycki for the respondent; J. Sack and Tanya Lee for the intervener; Jeff Robinson and Rocco Urlando for the objectors.
DECISION OF THE BOARD; August 11, 1988
The name of the respondent in Board File No. 0424-88-R is amended to read: "704039 Ontario Limited, carrying on business as Construction 2000".
File No. 0424-88-R is an application for certification made on May 12, 1988 by the United Brotherhood of Carpenters' and Joiners of America Local Union 27. Labourers' International Union of North America, Local 183 filed an intervention to this application on July 13, 1988. Local 27 also filed a complaint under section 89 of the Labour Relations Act alleging that 704039 Ontario Limited, carrying on business as Construction 2000 has violated sections 64, 66 and 70 of the Act. Both files were scheduled for hearing by the Board on July 21, 1988. The notices of hearing in each file gave the following purposes for the hearing:
File No. 0424-88-R
to receive the evidence and representations of the parties respecting all matters arising out of and incidental to the application, including the weight, if any, to be given to the statements contained in the respondent's letter dated May 27, 1988.
File No. 0658-88-U
... considering the evidence and representations of the parties with respect to all matters arising out of and incidental to the complaint filed under Section 89 of the Labour Relations Act.
At the hearing, the Board accepted the agreement of the parties that an alleged collective agreement between Local 183 and Construction 2000, if proven to be a collective agreement which satisfied the provisions of the Act, would be a bar to the application for certification and, therefore, that the Board should first hear and decide that issue. Accordingly, the Board received the viva voce and documentary evidence of the parties on that issue, but insufficient time remained to receive the parties' oral submissions. The Board's suggestion that written submissions might expedite the disposition of these matters, particularly since the issue was a threshold one which could be determinative of both files, counsel for Local 183 objected to being deprived of the opportunity of making oral submissions. The Board reserved its decision and, in the alternative that the Board should direct submissions be made in writing and should find that there is no collective agreement bar, or that the Board should receive oral submissions, the Board directed that hearing into these matters be continued on October 31, November 8 arid 9, 1988.
The Board has reviewed and weighed the submissions of the parties and has decided to direct the parties to make their submissions in writing on the threshold issue of whether the alleged collective agreement between Local 183 and Construction 2000 is a bar to the application for certification in File No. 0424-88-R. In so doing, the Board has considered the parties' submissions and the following factors:
(1) The Board's discretion under subsection 102(13) of the Act to "... determine its own practice and procedure..." subject to the parties having ". . .full opportunity to present their evidence and make their submissions "
(2) The fact that the parties have had the opportunity in a hearing before the Board to be represented by counsel or agent, call and examine witnesses and cross-examine witnesses contrary in interest.
(3) That it would serve best the interests of labour relations for the employees, the two trade unions and the employer to know at the earliest possible date what collective bargaining relationship, if any, would govern the employment relationship between Construction 2000 and its employees affected by the application for certification and the complaint.
Since a finding that there is a collective agreement bar would result in the dismissal of the application for certification and a request from Local 27 to withdraw its section 89 complaint, it would be in the best interests of all parties to have that issue decided as quickly as possible. If the Board should find that there is no collective agreement bar, the parties would know with certainty that they would have to prepare to meet the issues remaining in the two files. In the Board's view and in all the circumstances of these proceedings, directing the making of written submissions is a reasonable balance between the competing interests of having an opportunity to make oral submissions and the need for expedition in labour relations matters.
- Accordingly, the Board directs that the parties make their written submissions to the Board as follows:
(1) Local 183's submissions-in-chief shall be filed with the Board and a copy served on each of the other parties on or before September 2,
1988;
(2) Local 27's submissions shall be filed with the Board and a copy served on each of the other parties on or before September 19, 1988;
(3) the submissions of Construction 2000 shall be filed with the Board and a copy served on each of the other parties on or before September 19, 1988;
(4) the submissions of the objectors shall be filed with the Board and a copy served on each of the parties on or before September 19, 1988;
(5) should any of the parties in items (2), (3) and (4) file its submissions with the Board and serve a copy on the other two parties as directed herein, each party so served shall file any further submissions with the Board on or before September 26, 1988, and at the same time serve a copy on each of the other two parties and on Local 183; and
(6) Local 183's submissions in reply, if any, shall be filed with the Board and served on each of the other parties on or before October 3, 1988.
- For the purposes of service the addresses of the parties are as follows:
(1) United Brotherhood of Carpenters' and Joiners of America Local Union 27
Jesin & Watson
Barristers and Solicitors
4580 Dufferin Street
Suite 204
North York, Ontario
M3H 5Y3
(2) Labourers' International Union of North America, Local 183
Sack, Charney, Goldblatt & Mitchell
Barristers and Solicitors
20 Dundas Street West
Suite 1130
Toronto, Ontario
MSG2G8
Attention: Mr. L. A. Richmond
(3) 704039 Ontario Limited, carrying on business as Construction 2000
10 Livonia P1.
Unit #89
Scarboro, Ontario
M1E4W6
(4) Objectors:
Mr. Jeff Robinson
18 Burritt Road
Scarborough, Ontario
MiR 3S6