Brick and Allied Craft Union of Canada Local 12 v. George and Asmussen Limited
2240-01-M Brick and Allied Craft Union of Canada Local 12 (“BACU Local 12”) and the International Union of Bricklayers and Allied Craftworkers Local 12 (“IUBAC Local 12”), Unions v. George and Asmussen Limited, Employer.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; December 13, 2001
1This is a reference form the Minister pursuant to section 115 of the Labour Relations Act, 1995, S. O. 1995 ch.1 (the “Act”) seeking the Board’s opinion on whether or not to appoint a conciliation officer as requested by the Brick and Allied Craft Union of Canada Local 12 (“BACU Local 12”) and the International Union of Bricklayers and Allied Craftworkers Local 12 (“IUBAC Local 12”). Owing to the nature of the issues raised by the correspondence in this file, the hearing date of January 4, 2002 is adjourned to January 25, 2002. Between that date and today, the parties are directed to file certain statements and documents.
2On or before January 4, 2002 the BACU Local 12 and the IUBAC Local 12 are directed to file with the Board and deliver to all other counsel a statement of all the facts relied on in support of its claim that BACU Local 12 is the successor to IUBAC Local 12, and to file and deliver one copy of all documents upon which it relies in support of that proposition. This may not have been a matter determined by the Board in the previous decisions referred to in correspondence from George and Asmussen Limited (the “Employer”). At the same time, the BACU Local 12 and IUBAC Local 12 are directed to respond to the requests for intervenor status by the International Union of Bricklayers and Allied Craftworkers (“IUBAC”) and International Union of Bricklayers and Allied Craftworkers Local 6 (“IUBAC Local 6”).
3On or before January 18, 2002, the Employer shall file its Statement of Representations with respect to all issues in this reference and deliver a copy to all other counsel. On the same day, the IUBAC and IUBAC Local 6 shall file their responses to the submissions of BACU Local 12 and IUBAC Local 12: (1) as to their status to intervene and (2) with respect to any issue arising from the reference. If there are any documents on which these parties wish to rely, they shall file one copy with the Board at the same time they file their Statement or response. All representations and documents are to be delivered to all other counsel.
4BACU Local 12 and IUBAC Local 12 need not respond to the statements of the other parties. If the Board is not persuaded that the IUBAC or IUBAC Local 6 should be granted intervenor status in these proceedings, it will advise the parties before the date for hearing. If the Board cannot come to that conclusion on the basis of the materials filed, that will be the first matter for argument on January 25, 2002.
“David A. McKee”
for the Board