2454-99-R Toronto Residential Construction Labour Bureau, Applicant v. Universal Workers Union, Labourers’ International Union of North America, Local 183, Responding Party.

0832-00-R Metropolitan Toronto Apartment Builders Association, Applicant v. Universal Workers Union, Labourers’ International Union of North America, Local 183, Responding Party.

BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; October 11, 2000

1The Board (differently constituted) found in Board File No. 3039-99-R that there had been a change of name from Labourers’ International Union of North America, Local 183 to Universal Workers Union, Labourers’ International Union of North America, Local 183. The name of the responding party is therefore amended accordingly in the above noted applications.

2The parties to these accreditation applications have agreed on the form of the notice to be given to contractors who would be listed on Schedule “F”. Schedule “F” lists employers for whom the responding party, Universal Workers Union, Local 183, claims bargaining rights who have not had any employees performing work in the bargaining unit within the last year from the date of application. This notice consists of advertisements in publications where the information is most likely to come to the attention of contractors who may be affected by these applications.

3On agreement of the parties the following Notice will be appearing in the Daily Commercial News, The Barrie Examiner and the GTA Construction Report, prior to the hearing scheduled in these matters.

NOTICE TO ALL LOW AND HIGH RISE

RESIDENTIAL BUILDERS

The Toronto Residential Labour Construction Bureau and Metropolitan Toronto Apartment Builders Association have filed applications for accreditation as Employers’ Organizations pursuant to section 134 of the Ontario Labour Relations Act for Board geographic area no. 8 (Greater Toronto Area) and Simcoe County, covering low-rise and high-rise building in the residential sector of the construction industry, respectively. These applications affect all employers for whom the Universal Workers Union, Labourers’ International Union of North America, Local 183 holds bargaining rights and operate or may operate as builders in either the low-rise or high-rise residential sector in this geographic area. A hearing will be held at 9:30 a.m. on December 15, 2000 at the Ontario Labour Relations Board (OLRB), 2nd Floor, 505 University Avenue, Toronto.

You can determine whether your company is affected by these Applications by inspecting the material filed in these Applications (O.L.R.B. File Nos. 2454-99-R and 0832-00-R), at the following locations: the OLRB, the offices of the Associations, 20 Upjohn Road, Suite 104, North York, Ontario, M3B 2V9, (416) 391-3911. These locations will have a complete copy of the pleadings in this matter, copies of response forms, list of employers “Schedule E”, details of the bargaining unit, including its geographic scope and the work encompassed by the application. This information is also available on the OLRB’s website:

http://www.gov.on.ca/lab/olrb/eng/homeng.htm.

Questions may be directed to Esther Foorer, Client Services Coordinator, OLRB (416) 326-7474.

All employers are urged to confirm whether they are affected by one or both of these Applications as no further notice of these matters will be given unless employers notify the Board, by filing Form A-94, that they are affected by an application and wish to participate in the proceeding.

Board File 0832-00-R

4The parties in this application have agreed to the following bargaining unit description:

all employers of construction employees engaged in the on-site construction of all types of apartment buildings and their amenities up to the takeover of the said construction project or part thereof by maintenance and management employees of the employer or maintenance and management employees of some other employer, for whom the Responding Party has bargaining rights in the County of Simcoe and in the O.L.R.B. Geographic Area No. 8 in the residential sector of the construction industry.

For purposes of clarity, it is noted that employers bound by and who perform work under any of the following collective agreements in accordance with past or existing practices as at the date hereof are not included in the said unit of employers, namely:

(a) Collective Agreement between the Ontario Formwork Association and the Formwork Council of Ontario.

(b) Collective Agreement between the Residential Low-Rise Forming Contractors Association and the Responding Party.

(c) Collective Agreement between the Ontario Concrete & Drain Contractors Association and the Responding Party.

(d) Collective Agreement between the Toronto Residential Construction Labour Bureau and the Responding Party.

(e) Collective Agreement between the Residential Framing Contractors Association of Metropolitan Toronto and Vicinity and the Responding Party.

(f) Collective Agreement between the Utility Contractors Association of Ontario and Labourers’ International Union of North America, Ontario Provincial District and its affiliated Local Unions.

(g) Collective Agreements between certain landscaping contractors and the Responding Party.

(h) Collective Agreements between the Building Restorations and Associated Work Contractors and the Responding Party.

(i) Collective Agreement between the Masonry Contractors Association of Toronto Inc. and Masonry Council of Unions, Toronto & Vicinity.

(j) Collective Agreements between various plumbing contractors and the Responding Party.

(k) Collective Agreements between various fencing contractors and the Responding Party.

(l) Collective Agreements between various tile, terrazzo and marble contractors and the Responding Party.

5The Board (differently constituted) by decision dated July 18, 2000 waived the requirement for the parties to compile a schedule “F” in this application.

Board File 2454-99-R

6The parties to this application have agreed to the following bargaining unit description:

all employers of construction employees engaged in the on-site construction of all types of low-rise housing and their natural amenities, for whom the Responding Party has bargaining rights in the County of Simcoe and in the O.L.R.B. Geographic Area No. 8 in the residential sector of the construction industry.

For purposes of clarity, it is noted that low-rise housing means non-elevatored housing of not more than three (3) storeys in height, basement plus three (3) storeys. It is also noted that employers bound by and who perform work under any of the following collective agreements in accordance with past or existing practices as at the date hereof are not included in the said unit of employers, namely;

(a) Collective Agreement between the Ontario Formwork Association and the Formwork Council of Ontario.

(b) Collective Agreement between the Residential Low-Rise Forming Contractors Association and the Responding Party.

(c) Collective Agreement between the Ontario Concrete & Drain Contractors Association and the Responding Party.

(d) Collective Agreement between the Metropolitan Toronto Apartment Builders’ Association and the Responding Party.

(e) Collective Agreement between the Residential Framing Contractors Association of Metropolitan Toronto and Vicinity and the Responding Party.

(f) Collective Agreement between the Utility Contractors Association of Ontario and Labourers’ International Union of North America, Ontario Provincial District and its affiliated Local Unions.

(g) Collective Agreements between certain landscaping contractors and the Responding Party.

(h) Collective Agreements between the Building Restorations and Associated Work Contractors and the Responding Party.

(i) Collective Agreement between the Masonry Contractors Association of Toronto Inc. and Masonry Council of Unions, Toronto & Vicinity.

(j) Collective Agreements between various plumbing contractors and the Responding Party.

(k) Collective Agreements between various fencing contractors and the Responding Party.

(l) Collective Agreements between various tile, terrazzo and marble contractors and the Responding Party.

7The parties to this application (Board File No. 2454-99-R) have jointly requested that the Board waive the requirement to compile a Schedule “F”. The Board no longer finalizes Schedule “F” in every accreditation application. Schedule “F” does not affect the applicant’s entitlement to be accredited. It does not affect the Board’s double majority test under section 136(2) of the Act.

8The Board is satisfied that the notice in the publications set out above is reasonable notice to contractors who may be affected by this application (Board File No. 2454-99-R) and who are not members of the applicant. The board therefore waives the requirement to compile Schedule “F” in this application.

9These matters (Board File Nos. 0832-00-R and 2454-99-R) are scheduled for hearing on Friday, December 15, 2000, commencing at 9:30 a.m. in the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario

10Any employer who is affected by these applications, or believes it is affected by these applications, must file a Form A-94 in order to participate in these proceedings. Without the filing of a Form A-94 there will be no further notice and these matters may be decided without the holding of a hearing.

11The Registrar is directed to provide the appropriate documentation to the applicants. The applicants are directed to provide the Board and the responding party with a confirmation of delivery to the employers on Schedule “E” and a list indicating the names of the contractors. The applicants are directed to forward a copy of this decision together with the required Notices to the contractors listed on Schedule “E” in each of the above noted applications.

“Inge M. Stamp”

for the Board