0387-01-R Keenan Hennessey, Applicant v. Carpenters’ District Council of Ontario of the United Brotherhood of Carpenters and Joiners of America, Responding Party.
BEFORE: David McKee, Vice-Chair, and Board Members J.G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 22, 2001
1This is an application for termination of the bargaining rights of the responding party, brought pursuant to section 63 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (“the Act”). Section 63 (2) provides;
- (2) Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit,
(a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last three months of its operation;
(b) in the case of a collective agreement for a term of more than three years, only after the commencement of the 34th month of its operation and before the commencement of the 37th month of its operation and during the three-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last three months of its operation, as the case may be;
(c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last three months of each year that it so continues to operate or after the commencement of the last three months of its operation, as the case may be.
2As is evident, the application must be brought by an employee. Section 1(3) (b) of the Act states:
- (3) Subject to section 97, for the purposes of this Act, no person shall be deemed to be an employee,
(b) who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations.
3Mr. Hennessey is the owner and President of the employer (Muskrat Millwork) in respect of whose employees the responding party holds bargaining rights. Therefore, if he is “employed” by Muskrat Millwork, it is in a capacity of one who exercises managerial functions. For the purposes of the Act, he is not an employee. Accordingly this application is not brought by or on behalf of any person who may bring the application under section 63.
4The application is dismissed.
“David A. McKee”
for the Board