International Brotherhood of Electrical Workers, Local 353 v. Volta Electrical Contractors Ltd., 2000 CanLII 7023

3050-95-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Volta Electrical Contractors Ltd. and Westbridge Electric Contractors Ltd. and 1086289 Ontario Inc. c.o.b. as Urban Electrical Contractors, Responding Parties.

2754-99-G IBEW Construction Council of Ontario on behalf of International Brotherhood of Electrical Workers, Local 353, International Brotherhood of Electrical Workers, Local 894 and International Brotherhood of Electrical Workers, Local 1739 and International Brotherhood of Electrical Workers, Local 353, International Brotherhood of Electrical Workers, Local 894 and International Brotherhood of Electrical Workers, Local 1739 on their own behalf, Applicant v. 1086289 Ontario Inc. c.o.b. as Urban Electrical Contractors, Responding Party.

BEFORE: D. L. Gee, Vice-Chair.

DECISION OF THE BOARD; October 25, 2000

1. These matters are two referrals of grievances to arbitration with respect to which the hearing has already commenced. The Board has heard evidence from a number of witnesses called on behalf of the union. At present, the Board is mid-way through hearing the evidence of one of the union’s witnesses. The employer has not yet commenced putting in its evidence. The hearing is scheduled to continue on November 7 and 8, 2000 at the Board’s offices located at

505 University Ave., 2^nd Floor, Toronto, Ontario, commencing at 9:30 a.m. each day.

2. At the last day of hearing, the union made it clear that, if successful, it would be asking the Board to order Urban to terminate the employment of its present employees falling within the union’s bargaining unit. The employer asserted that, if such order was being sought, the employees potentially affected were entitled to notice of the proceedings. The union, in response to a Board direction, has filed submissions indicating that the Board could provide notice to the employees, however, their participation would be limited to legal submissions on the remedial order itself and not on other issues in the grievance proceedings.

3. The employer is hereby directed to provide a copy of this decision to each of its present employees who may be affected by the Board’s determination no later than Friday, October 27, 2000.

4. Any employee who wishes to participate in the hearing of these matters is hereby directed to deliver to the union and the employer and file with the Board, no later than Wednesday, November 1, 2000, written submissions setting out the following:

(1) the fact that he/she wishes to participate in the hearing of these matters; and

(2) his/her position as to whether he/she has a right to participate in all aspects of the hearing or whether he/she is content to confine his/her participation to making final oral or written submissions.

5. The union’s address for delivery of such submissions is:

Koskie Minsky

20 Queen Street West

Suite 900, Box 52

Toronto, Ontario

M5H 3R3

Attention: Craig Flood

6. The employer’s address for delivery of such submissions is:

Fasken Martineau Dumoulin Llp

Toronto Dominion Bank Tower, Box 20

Suite 4200, Toronto-Dominion Centre

Toronto, Ontario

M5K 1N6

Attention: Philip Wolfenden

7. The Board’s address for the filing of such submissions is:

Ontario Labour Relations Board

505 University Ave.

2^nd Floor

Toronto, Ontario

M5G 2P1

Attention: Registrar

8. Having regard to the fact that a number of employees of the employer were represented in related proceedings (Board File No. 3051-95-R) by Cyril J. Abbass, a copy of this decision is to be sent by the Board’s clerks to Mr. Abbass at the following address:

University Centre

393 University Avenue

Suite 2000

Toronto, Ontario

M5G 1E6

Attention: Cyril Abbass

9. In the event an employee(s) expresses a desire to participate in the hearings of this matter, the union and the employer are directed to deliver to other party and the employee(s) and file with the Board, no later than Friday, November 3, 2000 any submissions that they wish the Board to consider in response.

“D. L. Gee”

for the Board