Universal Workers Union, Labourers’ International Union of North America Local 183 v. Whitby Concrete Finishing Ltd.
Applicant: Universal Workers Union, Labourers’ International Union of North America Local 183 Responding Party: Whitby Concrete Finishing Ltd.
Before: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
Decision of the Board: September 22, 2000
DECISION OF THE BOARD
This is a referral of a grieviance to arbritation under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 (‘the Act’). The applicant requests that the referral be determined without a hearing based upon the material filed by it. No Request for Hearing and Notice of Intent to Defend/Participate have been filed by the responding party within the time provided by the Board’s Rules of Procedure.
The allegations contained in the referral related violations of the Provincial Collective Agreement violations for which damages would accrue to Local 597 of the Labourers’ International Union of North America (Local 597). The job site at issue is in Oshawa. The applicant is Universal Workers Union, Labourers’ International Union of North America Local 183.
As part of its requests in the instant file the applicant requests that this panel of the Board issue a declaration that the applicant, Universal Workers Union, L.I.U.N.A. Local 183 is a successor union to the former Labourers’ International Union of North America, Local 597 as the result of a merger.
The Board (differently constituted) has before it an application concerning successor trade union status that has yet to be determined. The panel cannot determine the successor status issue in a section 133 application.
The provincial agreement provides that Local 597 has jurisdiction over the job site where the violations are alleged to have occurred. Therefore this panel of the Board will not grant a default judgement to Local 183 where the jurisdiction lies with Local 597.
At the hearing scheduled for Monday, September 25, 2000 the panel can deal with these matters.
“Marilyn Silverman”
for the Board