0630-01-U Sheet Metal Workers International Association, Local Union No. 47, Applicant v. Les Toitures Raymond 1997 Inc., Les Toitures Raymond Sheet Metal et Ass. Inc., Raymond and Associates Roofing Inc., Alain Raymond, Marco Vaillancourt and Carol Forget, Responding Parties.
3593-00-R Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc., and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc., Applicant v. Sheet Metal Workers’ International Association, Local No. 47, Responding Party v. Raymond & Associates Roofing Inc., Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; July 10, 2001
1This is an application to terminate bargaining rights in the construction industry. In its response, the Sheet Metal Workers’ International Union (the union) alleged that Les Toitures Raymond (the employer) had engaged in conduct which both directly and indirectly led to the filing of the termination application. For those reasons, the union seeks to have the application dismissed.
2After the first day of hearing, but before any evidence was called, the union filed an unfair labour practice complaint. The union relies on precisely the same particulars it relies on to resist the termination of bargaining rights application. It is true that in the unfair labour practice complaint, the union seeks wider remedies; the “making whole” of both the union and individual employees who have allegedly suffered losses as a result of the employer's alleged activities.
3By letter dated May 31, 2001, counsel for the employer indicated that it objected to having these matters heard together. While counsel agreed that the allegations and particulars in both files were the same, he characterized them as two distinct files.
4In the Board’s view, it would be both inappropriate and inefficient to hear these matters separately. The circumstances underlying both are the same. The allegations are the same; only the remedial relief requested is different. It would be an inefficient use of the Board’s and the parties’ resources to entertain two virtually identical proceedings.
5Board File 0630-01-U will be heard together with Board File 3593-00-R. The matter will be heard on August 15, 16, 17, September 5, 6, and 7, 2001, commencing at 9:30 each day. The hearings will be held at the offices of the Public Service Staff Relations Board, 240 Sparks Street, 7th Floor, Ottawa, Ontario.
“Mary Ellen Cummings”
for the Board