1076-01-R The Corporation of the City of Sault Ste. Marie, Applicant v. Labourers’ International Union of North America, and Labourers’ International Union of North America, Ontario Provincial District Council, and its affiliated Local Unions 183, 248, 491, 493, 506, 527, 597, 607, 625, 837, 1036, 1059, 1081 and 1089, Responding Parties.
1077-01-R The Corporation of the City of Sault Ste. Marie, Applicant v. Carpenters District Council of Ontario and United Brotherhood of Carpenters and Joiners of America, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
APPEARANCES: Mark Contini and John Luszka for the applicant; Carolyn Hart for the responding parties in File No. 1076-01-R; Harold F. Caley and Bud Calligan for the responding parties in File No. 1077-01-R.
DECISION OF THE BOARD; December 14, 2001
1These are two applications under section 127.2 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as am. (the “Act”) in which the applicant seeks declarations terminating bargaining rights held by the Labourers’ International Union of North America, and Labourers’ International Union of North America, Ontario Provincial District Council, and its affiliated Local Unions 183, 248, 491, 493, 506, 527, 597, 607, 625, 837, 1036, 1059, 1081 and 1089 (Board File No. 1076-01-R) and Carpenters District Council of Ontario and United Brotherhood of Carpenters and Joiners of America, (Board File No. 1077-01-R). The Alternate Chair of the Board authorized me to sit alone to hear and determine these two proceedings pursuant to section 110(14)(a) of the Act.
2On the first day of hearing scheduled in these matters, the parties met prior to the hearing to discuss a number of procedural and preliminary matters. The parties advised me when the hearing commenced that they had discussed production of document issues, procedural matters and the number of witnesses that the applicant might have to call to prove its case. The parties agreed that the constitutional issue raised by the responding parties (the “Carpenters”) in Board File No. 1077-01-R would be heard, if necessary, following the Board’s determination of the merits of the application. Counsel for the Carpenters advised the Board that a notice of constitutional question had been served on the Attorneys-General of Canada and Ontario. Counsel for the Carpenters and counsel for the applicant advised that they had received correspondence from the offices of both Attorneys-General indicating that they were not going to participate at the hearing of this matter before the Board.
3Counsel for the applicant indicated that he had four and possibly five persons he intended to call as witnesses. The parties agreed that as all of the witnesses resided in the Sault Ste. Marie area, the Board should have the venue of the hearing for purposes of receiving the evidence moved to Sault Ste. Marie. Counsel for the Carpenters agreed that if he were going to call evidence with respect to the Charter issue, it would be adduced during that time as well. The parties suggested the argument should take place two or three weeks later were content to have the argument take place in Toronto.
4With the agreement of the parties, the Board cancelled the February 20, 2002 date previously scheduled in these matters and fixed April 30, May 1, 2, 7, 8, and 9 as the dates for the hearing of the evidence in Sault Ste. Marie and May 28 and 29 for the hearing of argument in Toronto. Formal notice of the Sault Ste. Marie location of the hearing will be issued by the Registrar’s office.
5This panel of the Board remains seized with these matters
6These matters are referred to the Registrar to fix the location of the Sault Ste. Marie hearing and issue notice of that location to the parties.
“Harry Freedman”
for the Board