International Brotherhood of Electrical Workers, Local Union 353 v. 1206468 Ontario Ltd. c.o.b. as Quadracon
2560-99-R International Brotherhood of Electrical Workers, Local Union 353, Applicant v. 1206468 Ontario Ltd. c.o.b. as Quadracon, Responding Party.
BEFORE: R. O. MacDowell, Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: Ursula Boylan and Larry Venning for the applicant; Jeffrey D. A. Murray and Leonard Feldt for the responding party.
DECISION OF THE BOARD; August 10, 2000
1This is an application for certification in which there are a number of outstanding issues. Among those issues is the description and composition of the “appropriate bargaining unit” – and, in particular, the extent to which the Board’s determination should be influenced by the provisions of the Trades Qualification Act.
2A hearing on the “TQA issue” was held, in Toronto, on August 2, 2000. The argument proceeded on the basis of an agreed Statement of Fact, that was elaborated, somewhat, at the opening of the hearing. The parties also filed certain documents said to be relevant, including portions of the provincial collective agreement.
3In the course of argument the Board indicated to the parties that it might be useful to have a copy of the complete collective agreement. A couple of days later the document was filed. And that, in turn, raises a question upon which the panel seeks clarification.
4Article 5 of the provincial portion of the collective agreement reads as follows:
500 UNION RECOGNITION
The Contractor recognizes the Union as the sole Employee Bargaining Agency for all Foremen, Journeyman Wiremen, Instrumentation Electricians, Apprentices, Journeyman Linemen-Splicers, Apprentice Linemen-Splicers, Groundman/Equipment Operators, Groundman/Drivers, Groundmen, Utilitymen and Foresters performing work within the acknowledged jurisdiction of the Union, as defined in Section 151(2) of the OLRA, and similarly the Union recognizes the Contractor as the sole Employer Bargaining Agency.
5As will be seen, under the heading “Union Recognition” there is a listing of employee categories. Is it the union’s position that all individuals in those categories are required to be “C of Q Electricians” or “Apprentices”? Or does this listing include others who are not obliged to have TQA documentation?
6If either of the parties has any representations in this regard, they may be made in writing.
“R. O. MacDowell”
for the Board