Ontario Labour Relations Board
File No.: 3039-99-R Date: March 14, 2000
Between: Universal Workers Union, L.I.U.N.A., Local 183, Applicant v. Coughlan Homes Inc. and Cougs Investments Ltd., Responding Parties.
Before: David A. McKee, Vice-Chair.
DECISION OF THE BOARD
1This is an application for certification pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”). There are two issues outstanding in this application at the present time: the status of the applicant and three challenges to the list of employees. A representation vote has been conducted and the ballot box has been sealed.
2The first issue is one which may be as simple as the applicant asserts that it is. It is however a matter of fundamental importance to the applicant in this and many other files currently outstanding before the Board. For that reason the Board wishes to deal with this issue as expeditiously as possible.
3The applicant has filed written submissions dated February 4, 2000. Absent from these submissions are a number of key documents. The Board directs the applicant to file with the Board and deliver to the responding party as soon as possible the following:
A copy of any written communication from Labourers' Local 183 to the General Executive Board or any officer of the Labourers' International Union of North America requesting the change to the local’s charter (the Board does not require production of correspondence involved in the negotiating of any changes, just the final formal request);
Any written response from the International Union to this request (there may have been none given the manner in which the applicant asserts the charter was delivered);
A copy of the old “Local 183” charter and the new “Universal Workers Union” charter. If these are in fact, too difficult to photocopy legibly, the Board requires the applicant to produce in typed form the text of every word in both charters, certified as accurate and complete by counsel; and
Either a statement that the model local union constitution is the only constitution or by-law governing the activities of the applicant or production of such other documents as may govern;
That portion of the Minutes of the membership meeting of December 19, 1999 (and only that portion) setting out the discussion and any motions with respect to the new charter, again certified by counsel as accurate and complete.
4April 11, 2000 is hereby set as a date on which the Board will hear evidence and submissions as to the status of the applicant. If the applicant is able to produce the documents and any further submissions sufficiently far in advance of this date to enable the responding party to respond to them and the Board to make a decision, the parties will be advised and the hearing will be cancelled. However, for the time being the hearing will proceed on that date on that issue alone. Two further dates will be set by the Registrar to deal with the issues raised by the challenges to the list.
5I am seized of this matter.
“David A. McKee”
for the Board