Ontario Labour Relations Board
File No.: 2113-00-R Date: October 23, 2000
Between: Universal Workers Union, Labourers’ International Union of North America Local 183 On its own behalf and on behalf of Employees which it represents, Applicant v. The United Brotherhood of Carpenters and Joiners of America, Responding Party.
Before: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD
1This matter is an application for the termination of bargaining rights. The applicant relies on sections 63 and 66 of the Labour Relations Act, 1995 (the "Act").
2The collective agreement to which this application relates is effective October, 1999 through June, 2002 and accordingly the application pursuant to section 63 is not timely.
3The applicant has filed evidence that it represents an individual, who is not a construction labourer, covered by the collective agreement to which this application relates. Thus, it would appear that, for the purposes of section 66 of the Act, the applicant is a trade union representing an employee in the bargaining unit. An issue exists as to the date such collective agreement was entered into. The applicant asserts that such agreement was entered into on October 19, 1999. The responding party asserts that such agreement was entered into on or about October 7, 1999. The instant application was filed on October 18, 2000. It is necessary to determine the date on which the collective agreement was entered into in order to determine whether the instant application is timely.
4The responding party is hereby directed to deliver to the applicant and employer and file with the Board submissions setting out all material facts upon which it relies in support of its assertion as to when the collective agreement was entered into no less than 10 working days in advance of the hearing of this matter. The applicant and Trexcon Construction (1997) Limited, should it intend to participate in this matter, are hereby directed to deliver to one another and the responding party and file with the Board submissions setting out all material facts upon which it relies in support of its assertion as to when the collective agreement was entered no less than 5 working days in advance of the hearing of this matter.
5This matter is hereby referred to the Registrar to be listed for one day of hearing.
6I am not seized.
"D. L. Gee" for the Board