Ontario Labour Relations Board
0859-01-R; 0901-01-U Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Express Carpentry, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 2, 2001
This is an application for certification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, S. O. 1995 ch.1 (the “Act”) and a complaint under section 96 of the Act seeking relief in respect of the representation vote conducted in Board File No. 0859-01-R and in respect of one person alleged to be an employee of the responding party (“Express”).
The request for reconsideration by Express in Board File No. 0859-01-R is moot and will not be dealt with by the Board.
There is no reason at this time to exclude Fernando Pereira and Firmino Pereira from the list of persons whose status is in dispute. Express has from the beginning made its position clear. It is not arguing alternative facts, but alternative legal characterization of those facts. It is not appropriate to extract one alternative and claim there is an agreement on that basis.
It will be necessary to hold a hearing with respect to the disputed status of all challenged individuals. In addition, the section 96 application will be listed at the same time. The applicant is directed to file particulars of the statements referred to in paragraph 6 of the application in Board File No. 0901-01-U. Absent an agreement by the parties as to procedure, this will be determined by the panel hearing the merits of this application. For the first day of hearing, each party should bring one of the persons whose status is in dispute who is the responsibility of that party to call as a witness.
The Registrar is directed to list both of these applications for two days of hearing before the same panel. I am not seized of these applications.
“David A. McKee”
for the Board