Ontario Labour Relations Board
[1996] OLRB REP. MARCH/APRIL 244
4225-95-T International Brotherhood of Electrical Workers, Applicant v. International Brotherhood of Electrical Workers, Local 1788, Responding Party
BEFORE: Lee Shouldice, Vice-Chair.
DECISION OF THE BOARD; April 2, 1996
1This is a request brought by the International Brotherhood of Electrical Workers (hereinafter "the International") to extend its trusteeship over the International Brotherhood of Electrical Workers, Local 1788 (hereinafter "Local 1788") for a further period of 12 months. The request is made pursuant to section 89(2) of the Labour Relations Act, 1995 (hereinafter "the Act") which reads as follows:
89.(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 12 months from the date of such assumption, but such supervision or control may be continued for a further period of 12 months with the consent of the Board.
The initial trusteeship was imposed on Local 1788 on April 7, 1995. In order to extend the trusteeship beyond April 7, 1996, the International requires the consent of the Board, as is evident from the above-noted statutory provision.
2The International has requested that "interim arrangements" be ordered by the Board in this proceeding. The application was filed with the Board on March 26, 1996. The International notes that the request was made at a time when it was unlikely that the Board would be able to render a decision on the merits of the request. Accordingly, the International requested that the Board extend the trusteeship on an interim basis until the request is disposed of. In support of the interim request, counsel cites United Brotherhood of Carpenters and Joiners of America, [1972] OLRB Rep. Sept. 833.
3The request brought by the International was filed with the Board during the course of a strike which has affected the day-to-day operations of the Board. Acknowledging that reality, counsel for the International forwarded a copy of the request to extend the trusteeship directly to counsel who acts for the Power Workers' Union - C.U.P.E. Local 1000 (a party which is involved in various litigation with Local 1788 and the International) and a number of individuals who have brought a number of unfair labour practice applications before the Board relating to this trusteeship. In all of the circumstances, the Board felt it appropriate to convene a hearing by way of telephone conference call in order to entertain the submissions of those who most likely would oppose an interim extension of the trusteeship, pending the determination of the request on its merits. Accordingly, the Board heard the submissions of counsel on this issue by way of telephone conference call on Friday, March 29, 1996.
4There is no doubt that for many years there have been significant disputes between the International and Local 1788 regarding numerous matters, which culminated in the trusteeship imposed by the International on Local 1788 on April 7, 1995 (encompassed within Minutes of Settlement dated April 7, 1995 in Board Files 4396-94-U and 4397-94-M). It is unnecessary to detail any of these matters of dispute. Suffice it to say that it could hardly be said to be surprising to anyone familiar with the situation, in particular the International, that there would continue to be members of Local 1788 who disagree with the position of the International, and the trusteeship imposed on Local 1788. The level of the dissent is evident by reference to the massive amount of litigation pending before the Board and the courts involving these two entities.
5It is in this context that I consider the request by the International for "interim arrangements" in this proceeding. I am troubled by the request for many reasons. Most importantly, in light of the sheer length of time that it takes to litigate matters of this complexity and degree of dispute (and both counsel have, quite reasonably, requested that other Board proceedings be listed and heard together by the Board with this one), the "interim" relief requested by the International may well effectively become the final relief to which it could be entitled if the International were successful on the merits of its request. It is unfortunate that litigation of this nature cannot be disposed of in a shorter period of time, but given the number of parties, the various proceedings to be heard, and the limited resources available to the Board, this is a reality which cannot be ignored. It is evident that delay in the determination of the request for extension is inherently prejudicial to those who oppose it, if an interim order extending the current trusteeship is made.
6I am also troubled by the fact that the International waited until 12 calendar days prior to the statutory expiry of the trusteeship to bring this request to extend it. Counsel for the International did not persuade me during the telephone conference call that there are any legitimate reasons for the delay in bringing this request. It has been evident for months that the litigation involving Local 1788 and the Power Workers' Union would not be completed before the expiry of the trusteeship, and the public sector work dispute does not hold up as a legitimate reason for the failure to request an extension in a more diligent manner. If this proceeding had been commenced in February, 1996, notice to the members of Local 1788 could have been sent, and the litigation readied, much earlier. As it now stands, the notice process is just commencing, and it will take at least a few weeks to complete. Given the context within which the request for extension is made - the existence of significant Board and court litigation and, more importantly, the existence of what appears to be significant opposition to the International amongst the membership of Local 1788 -one could argue, as counsel for certain members of Local 1788 did, that the International desired the extension of the trusteeship on an "interim basis" in order to consolidate its position, to the best of its ability.
7I have carefully considered the able submissions of counsel respecting the request for interim relief. Assuming that the Board has the statutory power to make the interim order requested by the International (and during argument neither counsel took issue with that proposition), as there have been no assurances made by the International that elections would be completed by June, 1996 as is required by the I.B.E.W. Constitution and Local 1788 By-Laws, and as there is no reason to extend the trusteeship in order to facilitate the administration of such elections, the Board is not inclined to extend the trusteeship on an interim basis pending the disposition of this application, and therefore declines to do so.
8The International is directed to forward the notice attached to this decision and copies of the request filed by the International in Board File 4225-95-T, and the applications in Board Files 4077-95-U and 4100-95-U, to each member of Local 1788. These materials are to be forwarded to the members of Local 1788 forthwith.
9I have reviewed Board Files 4077-95-U and 4100-95-U. It is apparent that those proceedings should be listed together with this proceeding for hearing, and I so direct. I am of the view that Board File 4396-95-U ought not to be reactivated as has been requested by Mr. Richmond in his letter dated March 25, 1996. Mr. Richmond, who is counsel for the Power Workers' Union and the individual complainants in Board Files 4077-95-U and 4100-95-U, requested that that Board File be brought back on for hearing before the Board in conjunction with the other above-noted proceedings. He purported to do so on behalf of "the Applicant" in that proceeding, Local 1788. It is, however, evident from the Minutes of Settlement filed with the Board in that proceeding that the parties desired that that application be adjourned sine die. By way of decision of the Board dated April 26, 1995, a differently constituted panel of the Board adjourned the proceeding sine die, noting that unless any party to that proceeding requested that the matter be brought on within one year of that date, the proceeding would be terminated. The parties to that proceeding are the International and Local 1788. Counsel requesting that the matter be brought on for hearing no longer represents Local 1788. As neither Local 1788 nor the International has requested that the proceeding be relisted, the Board will not do so.
10This proceeding is referred to the Registrar to be listed, together with Board Files 4077-95-U and 4100-95-U, for hearing.
April 2, 1996
NOTICE TO ALL MEMBERS OF INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 1788
The International Brotherhood of Electrical Workers has made an application to the Ontario Labour Relations Board to extend the trusteeship over Local 1788 for a further period of twelve months. A copy of this application is attached.
The International Brotherhood of Electrical Workers imposed a trusteeship on Local 1788 on April 7,1995. Section 89(2) of the Labour Relations Act provides that where an 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 following members of Local 1788, Henry Tomsett, Robert Thoms, Ron Young, Gregory O'Donnell, Hugh Gillies, Gregory Chaffey, John Caskanette, Leonard Crausen, and Richard Hansen, have applied under Section 96 of the Labour Relations Act seeking to have the trusteeship ended. The same individuals and the Power Workers' Union have also applied under section 96 of the Act for certain relief against the International Brotherhood of Electrical Workers and Ontario Hydro. A copy of those applications are attached. If you wish a copy of any of the attachments referred to in the applications, please contact the Ontario Labour Relations Board at the address listed below.
If you wish to participate in any of these applications, you or your agents must advise the Ontario Labour Relations Board in writing within fifteen (15) working days of the date of this notice, setting out OLRB File Nos. 4077-95-U, 4100-95-U and 4225-95-T, and a summary of the position you wish to take. Send your documents to:
Ontario Labour Relations Board 400 University Avenue 4th Floor Toronto, Ontario M7A 1V4 (416) 326-7500 Attention: Ms. T. A. Inniss, Registrar
AND TO: Caley & Wray Barristers and Solicitors 111 Richmond St. West Suite 1205 Toronto, Ontario MSH2G4 Attention: Mr. D. A. McKee Counsel for International Brotherhood of Electrical Workers and International Brotherhood of Electrical Workers, Local 1788.
AND TO: Sack Goldblatt Mitchell Barristers and Solicitors 20 Dundas Street West, Box 180, Suite 1130 Toronto, Ontario M5G2G8 Attention: Mr. L. A. Richmond Counsel for Henry Tomsett et al.
AND TO: Hicks Morley Hamilton Stewart Stone Thirtieth Floor Toronto Dominion Bank Tower Box 371, T D Centre Toronto, Ontario M5K 1K8 Attention: Mr. Patrick Moran Counsel for Ontario Hydro and Electrical Power Systems Construction Association.