Ontario Labour Relations Board
0250-00-G International Union of Painters and Allied Trades, Local 1590, Applicant v. Bradscot (MCL) Ltd., Responding Party v. Labourers’ International Union of North America, Local 1059, Intervenor.
1003-00-M International Union of Painters and Allied Trades, Local 1590, Applicant v. Bradscot (MCL) Ltd., Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; July 10, 2000
1Board File No. 0250-00-G is a referral of a grievance to arbitration that was scheduled to be heard on May 16, 2000. In the grievance referral the International Union of Painters and Allied Trades, Local 1059 (the “Painters”) states that it is seeking a declaration that the work in issue is within the ICI sector of the construction industry and that it is the position of Bradscot (MCL) Ltd. (“Bradscot”) that the work in within the residential sector of the construction industry. On May 1, 2000, the Labourers’ International Union of North America, Local 1059 (the “Labourers”) filed a Form A-87 indicating its intention to intervene in the matter and asserting that the work in dispute was not in the ICI sector of the construction industry as asserted by the Painters. On May 11, 2000, the parties entered into Minutes of Settlement in which it was agreed that the May 16, 2000 hearing would be adjourned to permit a determination to be made pursuant to section 166 of the Act and that the employer would provide a list of all contractors and bargaining agents, if any, who were employed at the project within 14 days.
2On June 27, 2000 counsel for the Painters wrote to the Board and requested that “the section 166 application be processed in order to have the matter determined”. Counsel enclosed a copy of the list provided by Bradscot pursuant to the terms of the May 11, 2000 Minutes of Settlement and indicated that his client was not necessarily agreeing that all listed entities have status to participate in any section 166 proceeding. Upon receipt of such letter, the Board opened Board File No. 1003-00-M to deal with the determination to be made pursuant to section 166 of the Act. On June 29, 2000 counsel for the Labourers wrote to the Board indicating that it was his client’s impression that the Painters would be filing a “proper application detailing all material facts and submissions on which it intended to rely” and asking the Board to direct the Painters to do so. On June 30, 2000 counsel for the Painters wrote to the Board indicating that the material facts upon which it relies are set out in the original referral of grievance to arbitration.
3The Board does not have forms or Rules of Procedure designed specifically for sector determinations. Accordingly, such applications require a degree of case management by the Board.
4Bradscot has compiled a list of entities that have worked on the job sites in issue. Bradscot, the Painters and the Labourers are hereby directed to jointly compile a list of affected parties that any one or all of them assert ought to be served with notice of this application. This list is to be complied and filed with the Board no later than July 28, 2000. The entities that appear on the list so compiled are referred to in the remainder of this decision as the “affected parties”.
5It appears that Painters do not object to “initiating” the section 166 application but rather assert that their full pleadings have been filed with the Board. While such may be the case, in light of the fact that it will be necessary to serve pleadings on affected parties who are not party to the grievance referral the form in which the Painters’ pleadings presently exist is cumbersome. Thus, I hereby direct the Painters to create a new letter to the Registrar of the Board citing Board File No. 1003-00-M and clearly indicating in the Re line: “Sector Dispute Concerning Student Residences at Fanshawe College and University of Western Ontario”. The letter is to set out a description of the work in issue and all of the submissions and material facts upon which the Painters relies in support of its position that the work in issue is in the ICI sector of the construction industry.
6I hereby direct the Painters to deliver:
(a) a copy of the grievance referral in Board File No. 0250-00-G;
(b) a full list of all of the contact names and addresses of Bradscot, the Painters, itself and the affected parties (the “address list”);
(c) a copy of the letter it creates as directed in the foregoing paragraph; and
(d) a copy of this decision;
to Bradscot, the Labourers and the affected parties no later than August 4, 2000.
7Bradscot and the Labourers and any affected party that wishes to participate in the hearing to determine which sector of the construction industry the work performed by Bradscot at issue in Board File No. 0250-00-G falls is directed to deliver to Bradscot, the Labourers, the Painters and all of the affected parties at the addresses indicated on the address list, and file with the Board, a response to the Painters’ sector application no later than August 25, 2000.
8I direct the Painters to deliver to all parties that deliver a response to it, and file with the Board, any reply submissions that it wishes to make no later than September 8, 2000.
9Each party that wishes to participate in the hearing of the sector application is directed to deliver to the Painters, the Labourers, Bradscot and all affected parties that have filed a response, and file with the Board, no later than 10 days before the first date set for hearing, three copies of all documents upon which it will be relying in the case. Documents filed with the Board must be in consecutively numbered pages and must be accompanied by a table of contents describing each document.
10Board File No. 0250-00-G is adjourned pending the outcome of Board File No. 1003-00-M.
11Board File No. 1003-00-M is referred to the Registrar to be listed for a day of hearing to be held after September 8, 2000.
12I am not seized.
“D. L. Gee”
for the Board