2958-98-R Shell Canada Limited, Applicant v. United Brotherhood of Carpenters and Joiners of America and its Locals and Affiliates, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; December 20, 2000
1This is an application pursuant to section 127.2 of the Labour Relations Act, 1995 (the "Act").
2The applicant seeks a determination that it is a "non-construction employer".
3The hearing in this matter is complete and the Board is deliberating. It is well known within the labour relations community that the Government has tabled the Labour Relations Amendments Act, 2000, commonly known as Bill 139. Among the proposed amendments is the repeal and substitution of the definition of "non-construction employer":
"non-construction employer" means an employer who does no work in the construction industry for which the employer expects compensation from an unrelated person.
4It is likely that Bill 139 will be passed very shortly, and before the Board releases its decision in this matter. Consequently, the Board seeks submissions from the parties with respect to the impact of the anticipated legislative change on these proceedings.
5In the event that a party takes the view that Bill 139 has no impact on these proceedings, the Board would value counsels' views about whether it makes labour relations sense for the Board to continue its deliberations and release a decision.
6Counsel should deliver and file their submissions by January 5, 2001. Any response should be delivered and filed by January 10, 2001.
"Mary Ellen Cummings"
for the Board