0119-01-R Construction Workers Local 53, affiliated with Christian Labour Association of Canada, Applicant v. Fahringer Mechanical Contractors Limited, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; September 6, 2001
1The Board is in receipt of correspondence from the applicant dated August 30, 2001. The applicant acknowledges that it agreed in the certification process to exclude journeyman and apprentice plumbers and pipefitters. It now says it has changed its mind.
2The Board is generally reluctant to allow parties to change a position once this has formed the basis of an agreement by the parties. Nothing in the applicant’s submissions would cause the Board to depart from this policy in this case.
3The Board would also point out that it is generally considered to be “sharp practice” if not unethical for one party to take advantage of a clear oversight by the opposite party in a proceeding. This rule applies with even greater force to an oversight made by the tribunal before which the parties appear.
4Accordingly the Board reconsiders its decision of May 11, 2001. The bargaining unit description therein will be amended to exclude journeyman and apprentice plumbers and pipefitters, and now reads as follows:
all journeymen and apprentice refrigeration and air conditioning mechanics, journeymen and apprentice sheet metal workers, journeymen and apprentice electricians in the employ of Fahringer Mechanical Contractors Limited in all sectors of the construction industry in the Counties of Essex and Kent, save and except non-working foremen and persons above the rank of non-working foreman.
5A new certificate is attached hereto. The applicant is directed to return to the Board the certificate issued on May 11, 2001 and to destroy all copies of it.
“David A. McKee”
for the Board