Ontario Labour Relations Board
0321-01-R Labourers’ International Union of North America, Applicant v. Aspen Aluminum, Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
0694-01-U Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Aspen Aluminum, a division of Klondike Vinyl Building Products Ltd., Labourers’ International Union of North America and A&B Aluminum, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: John Moszynski, Tony Ianuzzzi, Henry Perreira and Don Penteloke for the Labourers’ International Union of North America; Mark E. Geiger, Chris Ellis, Mike Foerster and Gary Foerster for Aspen Aluminum; David Watson, Farah Balou, Butch Bisco and Steve Wolfreys for Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America.
DECISION OF THE BOARD; October 26, 2001
1This is a displacement application for certification in the construction industry, and an unfair labour practices complaint.
2On the second day of hearing scheduled to address the matters in dispute in the certification application, the parties reached an agreement around the entitlement to vote of the three persons in issue. The parties agree that Muhamed Becerspahic, Esad Burkic and Sean Hadziosmanovic were not entitled to vote because they were not at work on the application date.
3The unfair labour practice complaint filed by the Carpenters is still outstanding. Because of the unavailability of the panel hearing the case and the limited availability of counsel, the Board will not reconvene to hear the remaining issues until March 2002. We recognize that this continued uncertainty is difficult for all parties and employees. In the meantime, it is perhaps useful to remind all employees of the rights and obligations they have under the Labour Relations Act, 1995:
Employees in Ontario have these rights which are protected by law:
An employee has the right to join a trade union of his or her own choice and to participate in its lawful activities.
An employee has the right to oppose a trade union, or subject to the union security clause in the collective agreement with his or her employer, refuse to join a trade union.
An employee has the right to cast a secret ballot in favour of, or in opposition to, a trade union if the Ontario Labour Relations Board directs a representation vote.
An employee has the right not to be discriminated against or penalized by an employer or by a trade union because he or she is exercising rights under the Labour Relations Act, 1995.
An employee has the right not to be penalized because he or she participated in a proceeding under the Labour Relations Act, 1995.
An employee has the right to remain neutral, to refuse to sign documents opposing the union or to refuse to sign a union membership card.
It is unlawful for employees to be fired or in any way penalized for the exercise of these rights. If this happens, a complaint may be filled with the Ontario Labour Relations Board.
It is unlawful for anyone to use intimidation to compel someone else to become or refrain from becoming a member of a trade union, or to compel someone to refrain from exercising rights under the Labour Relations Act, 1995.
4The hearing will continue on March 11, 15, 25, 26, 2002 commencing at 9:30 a.m. each day, at the Board’s premises 505 University Avenue, 2nd Floor, Toronto, Ontario.
5In the event that any party wishes to add more particulars to their pleadings in the unfair labour practices complaint, they are directed to do so no later than February 22, 2002.
6Aspen Aluminum is directed to post this decision in locations where it is most likely to come to the attention of affected employees.
“Mary Ellen Cummings”
for the Board