1717-01-R Shopmen’s Local Union No. 834 of the International Association of Bridge, Structural and Ornamental Iron Workers, Applicant v. Lambton Metal Workers Ltd., Responding Party.
2060-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 127, Applicant v. Lambton Metal Workers Ltd. and Sass Manufacturing Co. Ltd., Responding Parties.
2061-01-U National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Lambton Metal Workers Ltd., Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; November 23, 2001
1These are applications under Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (“the Act”). Board File 1717-01-R is a certification application. Board File 2060-01-R is an application for relief under section 1(4) or 69. Board File 2061-01-U is an unfair labour practice complaint.
2The applicant in the latter two applications (“CAW-Canada”) seeks reconsideration of a decision issued by the Board on October 10, 2001. That decision certified the International Association of Bridge Structural, Ornamental and Reinforcing Iron Workers, Local 834 as the bargaining agent for the following bargaining unit:
all employees of Lambton Metal Works Ltd. in the City of Chatham, Ontario engaged in the fabrication of iron, steel and metal products or in maintenance, save and except office, clerical and sales employees, and persons above the rank of working foreman.
3The CAW-Canada gives several reasons why the decision should be set aside. Among them is the fact that the CAW-Canada has an interest in the matter yet was not served with a copy of the certification application. It was therefore unable to intervene and was possibly prejudiced as a consequence.
4The CAW-Canada also requests that it be provided with copies of the application and the response in Board File 1717-01-R.
5The Board issues the following directions:
The Registrar should ensure that the CAW-Canada receives a copy of the application and the response in Board File 1717-01-R.
The CAW-Canada’s reconsideration request will be heard on December 13, 2001 commencing at 9:30 a.m. in the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.
The other two files in this matter will also be set down for that date, although the parties should anticipate that the issue to be dealt with will be the reconsideration request.
“Christopher J. Albertyn”
for the Board