Ontario Labour Relations Board
0198-00-M Brick and Allied Craft Union of Canada (“Provincial Union”), Applicant v. Electrical Power Systems Construction Association on behalf of Ontario Hydro and other contractors performing work in the Electrical Power Systems Sector (“Employer”), Responding Party v. The International Union of Bricklayers and Allied Craftworkers and the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers (“International Union”), Intervenor.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; June 27, 2000
- This is a reference by the Minister to the Ontario Labour Relations Board pursuant to section 115 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the "Act”). The referral arises from the request of the Brick and Allied Craft Union (the “Provincial Union”) that the minister issue a “no board” report after the appointment of a conciliation officer on June 2, 1998. The reason for the reference was the uncertainty arising from the assertion by the Provincial Union that it, rather than the International Union of Bricklayers and Allied Craftworkers (the “International Union”) and the Ontario Provincial Council of the International Union is the bargaining agent for two bargaining units of construction workers employed by the members of the Electrical Power Systems Construction Association. The questions referred to the Board for its advice are:
Who is the authorized bargaining agent for the above-mentioned bargaining units?
If the bargaining agent is now the Provincial Union,
(a) would the parties need to re-apply for conciliation? Or
(b) would the rights to the Minister’s previous appointment “flow through” to the Provincial Union?
The issue is not a simple one. It has been the subject of a number of days of hearing between January and June of this year in two other applications before this Board (Board files 2784-98-R and 1904-99-U). The Vice-Chair assigned to this referral was in fact the Vice-Chair assigned to hear those applications and will produce a decision as soon as possible. It is hoped that that decision will resolve the issue for these parties without the need for further litigation.
The matter came on for hearing on June 15, 2000. On that day, the parties entered into Minutes of Settlement. A copy of those Minutes, which were stated to be “without prejudice”, were not filed with the Board, as they might have a bearing on the evidence heard in the other files. However, the parties assured the Board that one of the provisions of these Minutes was:
“The International Union of Bricklayers and Allied Craftworkers, and the Ontario Provincial Council of the International Union of Bricklayers and Allied Craftworkers/ Brick and Allied Craft Union (“the Union”) hereby withdraw the request to the Minister for the issuance of a no-board report.”
I was also advised that the Minutes of Settlement were expressly stated to be enforceable pursuant to section 96(7) of the Act. I understand that the parties have entered into an arrangement by which members of the Union will continue to perform available work under certain terms and conditions governed by the expired collective agreement, until the decision in Board Files 2784-98-R and 1904-99-U is released.
- Since the request of the Union for a “no board” report is or will be withdrawn, it is the opinion of the Board that the questions asked by the Minister are now moot. Unless the Minister requests the Board to do so, it appears to the Board that there would be no purpose served in commencing the many days of hearings that would be necessary to answer the questions asked.
“David A. McKee”
for the Board