[1992] OLRB Rep. May 584
0499-92-T Re: International Association of Bridge, Structural and Ornamental Iron Workers, Applicant and International Association of Bridge, Structural and Ornamental Iron Workers, Shopmen's Local Union 834, Toronto, Ontario, Respondent
BEFORE: R. O. MacDowell, Alternate Chair, and Board Members W. N. Fraser and C. A. Ballentine.
DECISION OF THE BOARD; May 22, 1992
Section 84 [formerly 82] of the Labour Relations Act reads as follows:
(1) A provincial, national or international trade union that assumes supervision or control over a subordinate trade union, whereby the autonomy of such subordinate trade union, under the constitution or by-laws of the provincial, national or international trade union is suspended, shall, within sixty days after it has assumed supervision or control over the subordinate trade union, file with the Board a statement in the prescribed form, verified by the affidavit of its principal officers, setting out the terms under which supervision or control is to be exercised and it shall, upon the direction of the Board, file such additional information concerning such supervision and control as the Minister may from time to time require.
(2) Where a provincial, national or international trade union has assumed supervision or control over a subordinate trade union, such supervision or control shall not continue for more than twelve months from the date of such assumption, but such supervision or control may be continued for a further period of twelve months with the consent of the Board.
The Labour Relations Act recognizes that a "parent" union will occasionally consider it necessary to suspend the autonomy of one of its "locals" of trusteeship. However, the statute requires that the Board be notified of such trusteeship within sixty days of its imposition, and such trusteeship cannot continue beyond twelve months from the date of its imposition without the express consent of the Board.
There are public policy reasons for these statutory requirements. In the first place, the Legislature has struck a balance between the rights of the parent organization to run its own affairs and the rights of the local union members to control theirs. A local union is still a "union" within the meaning of the Labour Relations Act whatever its connection to an international parent may be; and as a "union" in this jurisdiction it has a variety of rights and responsibilities. Among those is the duty to fairly represent employees in any bargaining unit represented by that union, whether or not such employees are members of the local. Similarly, the local may have statutory responsibilities in respect of area hiring hall arrangements, adherence to the provincial collective agreement, and so on. A trusteeship is not just an internal union affair, for when the parent assumes control it may also assume any ongoing legal responsibilities.
And the statute is clear that a trusteeship cannot extend beyond a year without the consent of the Board.
By letter dated April 27, 1992, received by the Board May 13, 1992, the General Secretary of the International Association of Bridge, Structural and Ornamental Iron Workers advised the Board that effective April 1, 1991 the International Association assumed control of Local 834. The letter goes on to state that the Local remains under International supervision as of today's date [April 27, 1992]. Attached to this letter is a Form 6, Statement of Trusteeship which indicates, inter alia, that the International Union is unable to determine the period of time during which supervision or control is to be exercised.
The problem, of course, is that the International did not advise the Board of this trusteeship within sixty days of its imposition, and by the time it got around to advising the Board about it, the legally permitted limit for such trusteeship had already expired. The International has not only failed to comply with its statutory obligations, but now seeks to do what the statute prohibits without the express consent of the Board.
In the circumstances, the Board is prepared to treat this material as a request for an extension of the term of supervision made pursuant to section 84(2) [formerly 82(2)]. But the Board is not prepared to do that, without soliciting the representations of persons potentially affected by this Board decision (see generally International Chemical Workers Union v. Canadian Chemical Workers Union Local 28, [1978] OLRB Rep. June 499 and Anthony Frank Amos et al. v. Operative Plasterers' of the U.S.A. and Canada et al., [1978] OLRB Rep. March 223 and 227.)
Having regard to the foregoing, the Board directs the applicant union to take such steps as are necessary to bring its request to the attention of the members of Local 834 who will be affected by it. At a minimum, such members must receive a copy of the request, together with a copy of this decision. The International Union is also directed to advise the Board, in writing, of the steps it has taken to bring this matter to their attention.
MEMBERS OF LOCAL 834 OF THE INTERNATIONAL UNION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS WHO RECEIVE A COPY OF THIS DECISION WILL HAVE UNTIL JULY 15, 1992 TO ADVISE THE BOARD, IN WRITING, WHETHER OR NOT THEY OPPOSE THE INTERNATIONAL UNION'S REQUEST FOR AN EXTENSION OF ITS TRUSTEESHIP OVER LOCAL 834. MEMBERS OF LOCAL 834 WHO OPPOSE THE INTERNATIONAL'S REQUEST MUST ALSO SPECIFY, IN WRITING, THEIR REASONS FOR DOING SO.
After July 15, 1992 the Board will take such steps as appear to be warranted on the basis of the material then before it.