Court File and Parties
1903-99-R United Brotherhood of Carpenters and Joiners of America, Local 93, Applicant v. W.D. Laflamme Limited, David S. Laflamme Construction Inc., Responding Parties v. Labourers International Union of North America, Local 527, Intervenor.
1924-99-G United Brotherhood of Carpenters and Joiners of America, Local 93, Applicant v. W.D. LaFlamme Limited, David S. Laflamme Construction Inc., Responding Parties v. Labourers International Union of North America, Local 527, Intervenor.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; September 25, 2001
Decision
Board File No. 1903-99-R is an application under section 1(4)/69 of the Labour Relations Act, 1995 (the “Act”) alleging that the responding parties are one employer for the purposes of the Act and/or that there has been a sale of a business or part of a business between the responding parties. Board File No. 1924-99-G is a grievance which is subject to the determination of the section 1(4)/69 application.
The applicant asserts the responding parties are bound to its collective agreement with the Heavy Construction Association of Ontario (“HCAO”). The intervenor by letter dated September 19, 2001 requests an order for production of documents it says are relevant to the existence of the Heavy Construction Association of Ontario as an employer’s organization within the meaning of section 1(1) of the Act.
The intervenor requests the constitution and by-laws of HCAO as well as a list of their members and remittances by the members of HCAO from 1995 to the present.
It is the position of the intervenor, Labourers Local 527, that HCAO is not a bona fide employer’s organization within the meaning of section 1(1) of the Act.
HCAO is not a party to these proceedings and therefore the Board is without authority to make the orders requested by the intervenor in this section 1(4)/69 application. The intervenor’s request is dismissed.
“Inge M. Stamp”
for the Board