2862-00-R Wieslaw Wierzba, Applicant v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Responding Party.
BEFORE: Bram Herlich, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; December 29, 2000
This is an application for a declaration terminating bargaining rights.
The responding party trade union asserts that the affected employees were at work on the date of the application in various residential construction sites in Board Areas #8 and #26.
The union therefore claims that the application is untimely as a result of recent amendments to the Labour Relations Act, 1995 (the “Act”).
Section 3 of the Labour Relations Amendment Act (Construction Industry), 2000 amended the Act by, inter alia, adding the following section:
Application of section
150.1 (1) This section applies only with respect to the geographic areas of jurisdiction of the following municipalities:
The City of Toronto.
The Regional Municipality of Halton.
The Regional Municipality of Peel.
The Regional Municipality of York.
The Regional Municipality of Durham.
The County of Simcoe.
Deemed expiry of collective agreements
(2) A collective agreement between an employer or employers’ organization and a trade union or council of trade unions that applies with respect to work performed in the residential sector of the construction industry shall be deemed to expire with respect to that work on April 30, 2001 if,
(a) it is in effect on the day section 3 of the Labour Relations Amendment Act (Construction Industry), 2000 comes into force or it comes into effect after that day; and
(b) it is to expire before April 30, 2004.
Same
(3) Subsection (2) applies even if the collective agreement would have a term of less than one year as a result.
Notice to bargain
(4) Despite subsection 59 (1), a notice of desire to bargain may be given any time after December 31, 2000 with respect to a collective agreement that is deemed under this section to expire on April 30, 2001.
No extension permitted
(5) The parties to a collective agreement described in subsection (2) may not agree to continue the operation of that agreement with respect to work performed in the residential sector of the construction industry beyond April 30, 2001 and any renewal provision in a collective agreement that purports to do so shall be deemed to be void.
Agreements to be three-year agreements
(6) Every collective agreement to which subsection (2) applies that is renewed and every new collective agreement that is made to replace a collective agreement to which subsection (2) applies shall, with respect to work performed in the residential sector of the construction industry, provide for the expiry of the agreement on April 30, calculated triennially from April 30, 2001.
Clarification re other work
(7) Nothing in this section shall be interpreted to affect the validity of a collective agreement to which this section applies with respect to work other than work performed in the residential sector of the construction industry in the geographic areas referred to in subsection (1).
The applicant is hereby directed to file with the Board and to deliver to the other parties not later than January 4, 2001 any submissions it may wish to make as to the timeliness of the application.
The union may file a response to those submissions not later than January 5, 2001.
The Board will review the matter once those submissions are received or the time for their filing has passed.
“Bram Herlich”
for the Board