Brick and Allied Craft Union of Canada v. The Terrazzo, Tile and Marble Guild of Ontario Inc.
2736-00-R Brick and Allied Craft Union of Canada, Applicant v. The Terrazzo, Tile and Marble Guild of Ontario Inc. and Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers, Responding Parties.
2737-00-R Brick and Allied Craft Union of Canada, Applicant v. Masonry Industry Employers’ Council of Ontario and Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; December 20, 2000
1These two matters are applications under section 154 of the Labour Relations Act, 1995, S. O. 1995 ch. 1 ("the Act") in which the applicant seeks to be certified to represent in bargaining a provincial unit of affiliated bargaining agents. I have been assigned by the Chair of the Board to hear and determine these applications.
2The applicant states in its covering letter that “we anticipate that this application will take two days, since it is essentially legal argument. I do no anticipate any bona fide attack on the facts”. The Board has received only one response which supports the application. The International Union of Bricklayers and Allied Craftworkers (“IUBAC”) has undertaken to file a response on or before December 22, 2000. Since the Board is aware of difficulties experienced by some counsel who may be involved in these matters, all responses should be filed with the Board and delivered to the other parties no later than 5:00 p.m. on January 5, 2001.
3While it is difficult to be certain of scheduling decisions on seeing only the application, it appears to me that this application is part and parcel of the ongoing dispute between the applicant and the IUBAC and Locals 6, 7, and 25 thereof. Little would be served by determining this matter separately from the applications in Board File Nos. 2532-98-U and 1904‑99‑U, and some efficiency would likely be gained by hearing them together. This is particularly so if, as counsel suggests, these applications are primarily a matter of legal argument.
4Accordingly, these applications are to be scheduled to be heard by me on the same days as Board File Nos. 2532-98-U and 1904-99-U, that is, January 22, 25, 26, 29, 30, and February 13, 14, 15, 16, 2001. (Parties should also hold the dates of February 23, 26 and 27, 2001, if necessary.) The hearings will be held in the Board Room, 505 University Avenue, 2nd Floor, Toronto, Ontario commencing at 9:30 a.m. each day.
5I would anticipate that if any party wishes to lead evidence with respect to the section 154 applications, they would do so after the evidence already discussed with counsel in Board File Nos. 2532-98-U and 1904-99-U. Argument would proceed on all matters at the end of evidence on all matters. However, parties may have a different view of this process, particularly once responses are filed. If any party wishes to make any submissions about the manner of proceeding as among these various files, they may do so before January 22, 2001 or on the first day of hearing. I would prefer to have submissions prior to that date but do not make any direction to that effect.
“David A. McKee”
for the Board