2645-98-R The Toronto-Dominion Bank, Applicant v. United Brotherhood of Carpenters and Joiners of America and its Locals and Affiliates, Responding Party.
4048-98-R The Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v. The Toronto-Dominion Bank and General Commercial Construction Inc., Responding Parties.
4049-98-R The Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v. The Toronto-Dominion Bank and Hi Tech, Responding Parties.
4050-98-R The Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v. The Toronto-Dominion Bank and CH Industries Ltd., Responding Parties.
4053-98-R The Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, Applicant v. The Toronto-Dominion Bank and Classic Construction Company, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; October 16, 2000
1These files consist of an application by the Toronto-Dominion Bank (the "Bank") for a declaration that it is a "non-construction" employer, pursuant to section 127.2 of the Labour Relations Act, 1995 (the "Act") and four requests by the Carpenters District Council, United Brotherhood of Carpenters and Joiners of America (the "Carpenters") for declarations that the Toronto-Dominion Bank and each of General Commercial Construction Inc., Hi-Tech; CH Industries Ltd. Classic Construction Company constitute a single employer within the meaning of section 1(4) of the Act.
2The Board has heard all the evidence and submissions of these issues. The parties are scheduled to return to the Board on October 24, 2000 to argue the Carpenters' constitutional challenge to section 127.2.
3In order that the parties and the Board can make use of the continuation dates, the Board has decided to issue a "bottom line" decision. The Board declares that the Toronto-Dominion Bank is a non-construction employer. This declaration is, of course, subject to the Board's determination on the constitutional issue.
4The Board further concludes that the Toronto-Dominion Bank is not carrying on associated or related activities under common control or direction with any of General Commercial Construction Inc.; Hi Tech, CH Industries Ltd. or Classic Construction Company. Consequently, the Board declines to make a declaration pursuant to section 1(4) of the Act.
"Mary Ellen Cummings"
for the Board