Court File and Parties
3502-00-R Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Dominion Sheet Metal & Roofing Works, Responding Party v. Labourers’ International Union of North America, Intervenor.
3547-00-U Labourers’ International Union of North America, Applicant v. Stephen Wolfreys, Robert Shewell, Tom Biso, Butch Biso, John Campagna, Floyd Baverstock and Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; December 7, 2001
Decision
Further to the Board’s decision of November 20, 2001 this is an interim bottom line decision with respect to the scope of the bargaining unit description.
The applicant asserts that the intervenor’s collective agreement covers independent pieceworkers and their helpers. The intervenor takes the position that the collective agreement covers only those persons that are referred to in the scope clause in Article 1 – Recognition. That articles refers to “all roofers, metalmen and their helpers, including dependent pieceworkers as defined in Schedule “A” and hourly paid employees as defined in Schedule “B” ….”
Having considered the submissions of the parties, the viva voce evidence and the cases cited at the last day of hearing, Friday, November 30, 2001, the Board finds that independent pieceworkers or independent contractors are not covered by the scope clause of the intervenor’s collective agreement.
Whether or not all of the persons in dispute are independent pieceworkers/contractors or dependent pieceworkers/contractors for the purposes of the Labour Relations Act, 1995 as amended, will be a matter to be determined based on the evidence.
“Inge M. Stamp”
for the Board