1823-98-R Metropolitan Toronto Road Builders Association, Applicant v. International Union of Operating Engineers, Local 793, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; June 28, 2000
The applicant advised the Board that it has changed its name and asks to amend the record accordingly. By correspondence dated June 13, 2000 the applicant filed its documentation with respect to the name change with the Board and the responding party. The responding party has not taken any position with respect to this request.
The name TORONTO AND AREA ROAD BUILDERS ASSOCIATION was registered with the Ministry of Consumer and Commercial Relations on October lst, 1999. Paragraph 4 of the Form 2, Corporations Act outlines the objects for which the corporation is incorporated. These include:
To assist contractors in establishing and maintaining satisfactory industrial relations with their employees including the negotiating and administering of collective bargaining agreements.
To enter into collective agreements on behalf of Members.
To seek accreditation before the Ontario Labour Relations Board (or its successor) to better represent the interests of the entire unionized road building sector to the unions involved.
At the annual general meeting on November 6, 1999 all the previous members of the Metropolitan Toronto Road Builders Association (MTRBA) were accepted into membership of the new association. A motion was approved and passed by all the members supporting the association’s name change and incorporation as the Toronto and Area Road Builders and accepting the changes to the Association’s by-laws.
Having regard to the documents filed by the applicant the Board is satisfied that the members of the Association authorized the change of the Association’s name. The Board further finds that it is appropriate to amend the title of this proceeding to reflect the change in name of the applicant to Toronto and Area Road Builders Association.
Further to paragraph 15 of the Board’s decision in this matter, dated May 15, 2000, the parties met with the Labour Relations Officer and have finalized arrangements to provide notice to road building contractors listed on Schedule “F” to the application. The Board is satisfied that the arrangements agreed to by the parties satisfies the requirements to give notice to employers listed on Schedule “F”.
The applicant provided a copy of the advertisement to the Board. The applicant’s letter of June 13, 2000 sets out the list of publications in which this advertisement will run. The publications are The Daily Commercial News, the Globe and Mail and the Barrie Examiner. On the same day the advertisements are running in the above named publications individual notices will be sent to all the contractors listed on Schedule “E”.
The applicant has provided its amended final schedule “E” naming 51 contractors. The responding party has indicated eight additional contractors that in its view should be added to Schedule “E”. The applicant submits these eight contractors should be added to Schedule “F”. The applicant is not certain if these 8 contractors are in fact in the road building industry.
The applicant is directed to add these 8 names to Schedule “E” subject to a final determination as to whether they are properly on Schedule “E”. They are:
G. Di Gravino Construction Ltd., 2. – John Heck & Sons Ltd.,
– Harold Jones Gradalls, 4. – 769640 Ontario Limited and/or Mar-Bro Equipment, 5. – J.P. Richardson & Son Contracting Co., 6. – Robert Hume Construction Ltd., 7. – Roy Rozell Grader Rentals, 8. – Twinborn Const. (Paving) Limited.
THE PERIOD FOR FILING A COMPLETED FORM A-94 – EMPLOYER FILING, APPLICATION FOR ACCREDITATION, CONSTRUCTION INDUSTRY TOGETHER WITH A COMPLETED AND VERIFIED SCHEDULE “H”, LIST OF EMPLOYEES, IS HEREBY ABBRIDGED.
FORM A-94 AND COMPLETED SCHEDULE H MUST BE FILED WITH THE BOARD, THE APPLICANT AND THE RESPONDING PARTY BY FRIDAY JULY 28, 2000.
“Inge M. Stamp”
for the Board