Brick and Allied Craft Union of Canada, Local 31 v. Trust Tile and Hardwood Corporation, 2001 CanLII 2752

Brick and Allied Craft Union of Canada, Local 31 v. Trust Tile and Hardwood Corporation

3142-00-R; 3340-00-U Brick and Allied Craft Union of Canada, Local 31 (formerly known as International Union of Brick & Allied Craft Union, Local 31), Applicant v. Trust Tile and Hardwood Corporation, Trust Flooring Group, Stewart Turk operating as Trust Carpet Group, Responding Parties.

BEFORE: David A. McKee, Vice-Chair.

DECISION OF THE BOARD; December 19, 2001

Reasons for Decision

1. This is an application for certification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, R.S.O. 1995, c.1, as amended (the “Act”) and an application filed pursuant to section 96 of the Act alleging the responding parties have violated certain sections of the Act.

2. Pursuant to the agreement of the parties, the name of the responding party is amended to: “Trust Tile and Hardwood Corporation, Trust Flooring Group, Stuart Turk operating as Trust Carpet Group”.

3. The parties have entered into a partial settlement which defines the list of persons in the bargaining unit as of the application date, for all purposes of this application. The ballots cast in the representation vote held in the application for certification were counted on December 18, 2001. The applicant received fewer than 50% of the ballots cast. Accordingly, absent any relief granted in the section 96 application it would appear that this application must be dismissed.

4. The parties agreed to adjourn the dates set for the hearing of the section 96 application to February 18 and 19, 2002.

5. The responding parties have demanded particulars of the applicant in respect of the section 96 application. The applicant is directed to provide those particulars to the responding parties on or before January 8, 2002, unless it wishes to object to the need to provide particulars. If it does so, and the responding parties continue to require them, the applicant may address its submissions in writing to the Board on or before January 8, 2002. The responding parties shall reply on or before January 18, 2002, with a final response by the applicant on or before January 25, 2002. If the particulars are provided, the parties need not address the Board on this issue.

6. On December 19, 2001, the Board raised one matter with the parties concerning the appropriate bargaining unit in this application. The application is made in the name of “Brick and Allied Craft Union of Canada Local 31 (formerly known as International Union of Bricklayers and Allied Craftworkers Local 31)”. In a decision dated May 2, 2001, the Board found that the Brick and Allied Craft Union (“BACU”) and its locals, including Local 31 were trade unions within the meaning of sections 1 and 126, but that they were not the successors to, nor were they the same unions as, the International Union of Bricklayers and Allied Craftworkers and its locals in Ontario. Further they were neither an Employee Bargaining Agency nor affiliated bargaining agents. As legal entities, the BACU and the International Union of Bricklayers and Allied Craftworkers are separate and distinct trade unions.

7. The membership evidence in this application is all in the name of BACU Local 31. It appears then that the applicant can only be BACU Local 31. Since it is not an affiliated bargaining agent, it may not bring an application for certification under section 158. It would appear that the Board’s decision of February 2, 2001, which did find as an appropriate bargaining unit one which is defined by section 158, is incorrect. It appears that the appropriate bargaining unit is one for all journeymen and apprentice marble, tile, terrazzo, cement masons, resilient floor layers and their helpers employed by the responding parties in all sectors of the construction industry in Board Area #8. However, this matter can be dealt with finally when the Board deals with the continuation of these matters.

8. These applications will continue on Monday, February 18 and Tuesday, February 19, 2002, commencing at 9:30 a.m. in the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.

“David A. McKee”

for the Board