Allied Construction Employees Local 1030 v. Tyger Construction Inc., 2001 CanLII 15770

Allied Construction Employees Local 1030 v. Tyger Construction Inc.

3049-00-R Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Tyger Construction Inc., Responding Party v. Labourers’ International Union of North America, Ontario Provincial District Council, Intervenor.

3563-00-R Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Tyger Construction Inc., Responding Party v. Labourers International Union of North America, Ontario Provincial District Council; Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America; International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Intervenors.

3848-00-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Hodgson-Ferr Construction Ltd., and Tyger Construction Inc., Responding Parties.

BEFORE: David A. McKee, Vice-Chair.

DECISION OF THE BOARD; April 24, 2001

1These applications are two applications for certification made pursuant to the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the "Act") and one application under section 1(4) and section 69 of the Act. There are a number of issues which arise in these various applications, including but not limited to:

1. The status of the Labourers' International Union of North America and its various local unions;

2. What, if any, bargaining rights are held by Labourers' International Union of North America or its locals;

3. Whether the application in Board File No. 3563-00-R is timely even if there are existing bargaining rights;

4. The status of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 721, and when its application for successor/related employer declarations should be dealt with;

5. The allegations of abandonment of bargaining rights by the Labourers and Ironworkers;

6. The effect of the certificate issued in Board File No. 3049-00-R;

7. The application for reconsideration of all decisions in Board File No. 3049-00-R;

8. The bargaining rights of Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America;

9. The list of persons eligible to vote;

10. The proper bargaining unit description;

11. The "April Waterproofing" argument advanced by Labourers' International Union of North America.

2The Registrar is directed to list all three files for one day of hearing. The panel hearing the applications will decide which of them will proceed and in what manner after that date. The purpose of this one day will be to determine the issues with respect to the status of the various parties seeking to participate. That is, the Board will deal with the issues of the existence of collective agreements, and their effect on the two applications for certification.

3While it will not be possible for the Board to deal with the evidence respecting the abandonment issue on that day, the Board directs the applicant to plead fully its particulars with respect to abandonment. On the day set for hearing, the Board may consider whether to deal further with those allegations.

4The Board also directs the Labourers' International Union of North America to plead fully their assertions underlying the "April Waterproofing" argument. The mere fact that a person has been hired in a manner which is or may be a violation of a collective agreement is not generally sufficient to sustain such an argument.

5The Board notes that at this point, it appears that all parties are of the view that Jim Hodgson and Richard Guest are not persons in the bargaining unit on the application date. The Board will seek confirmation of this on the hearing date.

6The Registrar is directed to provide copies of all relevant pleadings and correspondence from Board File No. 3049-00-R to all intervenors in Board File No. 3563-00-R.

The existing parties are directed to file their response to this application for reconsideration in accordance with the Board’s Rules of Procedure within 15 days of the date of this decision.

7I am not seized of these matters.

"David A. McKee"

for the Board