Court File and Parties
3361-00-R Ivan Dorion, Nick George, Tim Keefer, Larry Madill, Applicants v. International Brotherhood of Painters and Allied Trades, Responding Party v. County Glass & Door Services, Intervenor.
0474-01-G International Union of Painters and Allied Trades, Local 1819, Glaziers, Applicant v. Harrison Glass & Mirror Co. Limited, Stephen Duck c.o.b. as County Glass & Door Services, Stephen Duck operating as Pro Glazing Services and/or as Pro-Glass Services, Responding Parties.
0487-01-U International Union of Painters and Allied Trades, Local 1819, Glaziers, Applicant v. Harrison Glass & Mirror Co. Limited, Stephen Duck c.o.b. as County Glass & Door Services, Stephen Duck operating as Pro Glazing Services and/or as Pro-Glass Services, Responding Parties.
BEFORE: D.L. Gee, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
APPEARANCES: Ivan Dorion, Nick George, Tim Keefer, Larry Madill appeared on their own behalf; Elizabeth Mitchell and Dermot Lynch appeared for International Union of Painters and Allied Trades, Local 1819, Glaziers; Jeffrey J. Duck and Stephen Duck appeared for Harrison Glass & Mirror Co. Limited, Stephen Duck c.o.b. as County Glass & Door Services, Stephen Duck operating as Pro Glazing Services and/or as Pro-Glass Services.
DECISION OF THE BOARD; May 28, 2001
Decision
1Board File No. 3361-00-R is an application for termination of bargaining rights. Board File No. 0474-01-G is a referral of grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the "Act"). Board File No. 0487-01-U is an unfair labour practice complaint under section 96 of the Act.
2These matters were listed for consultation on May 22, 2001. The purpose of the consultation was to consider a number of issues including whether the individuals on the voters list performed bargaining unit work on the date of application.
3The application for termination of bargaining rights is an application to terminate the bargaining rights of the International Brotherhood of Painters and Allied Trades (the "union") in the following bargaining unit:
The association recognizes the Union as the exclusive bargaining agent for employees of employers engaged in the Industrial, Commercial and Institutional sector of the Construction Industry, for whom the Union has bargaining rights.
The bargaining unit described above is the union's bargaining rights pursuant to the Painters Provincial ICI Collective Agreement.
4At the consultation, the Board inquired of the representative of County Glass & Door Services (the "employer") and the applicants as to what work the individuals were doing on the date of application. It was the employer's assertion that it does not perform any work under the Painters Provincial ICI Collective Agreement, rather, it performs work under what is known as the Maintenance Agreement, an Agreement between the Architectural Glass and Metal Contractors Association and the International Brotherhood of Painters and Allied Trades Local Union 1819. The work that the individual applicants described to the Board as having been performed on the application date was work that falls within the scope of the Maintenance Agreement. Thus, according to the applicants and the employer, the work performed on the application date was performed under the terms of the Maintenance Agreement. There was no one at work on the application date working under the terms of the Painters Provincial ICI Collective Agreement.
5As a result of the foregoing, no one was eligible to vote in the termination application. The Board advised the parties orally that Board File No. 3361-00-R was dismissed.
6Following the Board's ruling, the parties agreed to adjourn Board File Nos. 0474-01-G and 0487-01-U sine die. Having regard to the parties agreement, Board File No. 0474-01-G and 0487-01-U are hereby adjourned sine die for a period of time not to exceed one year. Unless within that time either party requests that the Board proceed with the matters, they will be deemed terminated without any further notice to the parties.
7This panel is not seized.
"D.L. Gee"
for the Board