Court File and Parties
[1998] OLRB REP. MAY/JUNE 360
0346-98-R Bruce Archibald, Applicant v. United Brotherhood of Carpenters and Joiners of America, Local 18, Responding Party
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; May 18, 1998
Decision
This is an application to terminate bargaining rights in the construction industry. The application is brought in respect of bargaining rights in the industrial, commercial, and institutional sector. The parties agree that the applicant was not at work in the bargaining unit on the date of application and that he was in receipt of Workers' Compensation benefits. The applicant asserts that he is the only employee in the bargaining unit.
The applicant has made submissions as to why he ought to be entitled to bring the application and be entitled to vote. The applicant acknowledges that the Board has previously ruled that in order to bring an application to terminate bargaining rights or to vote in such an application the person must have been employed performing work in the bargaining unit on the date of application. In this case the applicant asserts that such a finding deprives him of rights available to other workers on the basis of his injury and is discriminatory and contrary to the Human Rights Code and the charter. With respect, I disagree.
The Board has held that in order to bring an application terminating bargaining rights in the ICI sector of the construction industry or to be allowed to vote in such an application the person must be employed performing work in the bargaining unit on the date of application. The applicant does not dispute this. (See Fred Jantz Masonry Construction Company Limited [1986] OLRB Rep. Aug. 1083 and the cases cited therein at paragraph 14 and the discussion in Ken Anderson Electric Inc. [1996] OLRB Rep. Sept./Oct. 846 at paras. 11-35). Contrary to the applicant's assertion that he is being deprived of a right because of his disability, the reason for his absence is irrelevant. In fact, he is seeking a greater right than able-bodied persons who are absent from work on the application date for other reasons. Nor can it be assumed that absent the injury the applicant would be performing work in the bargaining unit on the date of application. That is mere speculation.
I place no weight on any information the applicant asserts he received from someone at the Board. The Board is an independent tribunal and cannot and does not provide legal advice to parties who may appear before it.
I am not persuaded that there is any basis to depart from the Board's earlier decisions. Having regard to the fact that the applicant was not at work in the bargaining unit on the date of application and the fact that this is an application to terminate bargaining rights in the ICI sector of the construction industry, I find that the applicant was not entitled to bring the application and this application is hereby dismissed.