Ontario Labour Relations Board
File No.: 0294-01-U Date: June 19, 2001
Between: International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Daniel McLean in his personal capacity and c.o.b. as D M Rebar, Mac Reinforcing Ltd., 860716 Ontario Limited, Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Responding Parties.
Before: Christopher J. Albertyn, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD
- This is an unfair labour practice application filed pursuant to the provisions of section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1 ("the Act"). Previous decisions were issued in this matter on May 14 and June 1, 2001. In the last of those decisions, the Board (differently constituted) gave the responding parties the opportunity to make submissions. Pursuant to the provisions of Rule 41, the Board stated the following at paragraph 3 of its June 1, 2001 decision:
Given the order in which documents emanated from the Board, I am not satisfied that it has been clearly brought to the attention of the responding parties that the applicant is seeking all of the relief claimed in the application (some of which appears to be contrary to the Minutes of Settlement) rather than simply expecting the matter to proceed to hearing in the normal course. Accordingly, the responding parties are directed to file a response, if any, within 10 days of the date of this decision. If they fail to do so, the applicant is directed to advise the Board of which heads of relief set out in the application it still seeks. The Board will then deal with the motion contained in the applicant’s letter of May 11, 2001.
Notwithstanding the invitation for submissions from the responding parties, none have been received. The Board also directed the applicant to advise of the relief it seeks. The applicant has done so.
Pursuant to the applicant’s request, the Board makes the following declarations and orders and issues the following directions:
Daniel McLean ("McLean"), in his personal capacity and c.o.b. as D M Rebar has violated sections 73(1) and 162(1) of the Act by bargaining with the Allied Construction Employees Local 1030 when bound by a collective agreement with the applicant in respect of reinforcing rod workers and reinforcing rod worker apprentices;
McLean has interfered in the administration of the applicant contrary to section 70 of the Act;
McLean has refused to employ or continue to employ, and discriminated against reinforcing rod workers and reinforcing rod worker apprentices because of their membership of the applicant and their exercise of rights under the Act to belong to a trade union of their choice and to participate in its lawful activities, contrary to sections 5 and 72(a) of the Act;
The Allied Construction Employees Local 1030 has bargained with McLean for reinforcing rod workers and reinforcing rod worker apprentices when the applicant represented those workers and apprentices, contrary to sections 73(2) and 162(2) of the Act;
Any collective agreement concluded between McLean and the Allied Construction Employees Local 1030 in respect of reinforcing rod workers and reinforcing rod worker apprentices is void;
McLean and the Allied Construction Employees Local 1030 are directed to cease any such violation of the Act;
McLean and the Allied Construction Employees Local 1030 are jointly and severally liable to compensate the applicant and its members for any losses suffered as a result of the violations described above, provided that McLean’s liability shall apply from May 1, 2001 onwards;
Interest shall be payable on any compensation ordered;
McLean is directed to provide a copy of this decision to all of his (and D M Rebar’s) employees and to all employers who are party to the Rodmen provincial agreement;
McLean shall post a copy of this decision at his/its Charlotte Street residential construction job site in Toronto for a period of 30 days from the date of this decision.
The applicant, McLean and the Allied Construction Employees Local 1030 are directed to endeavour to reach agreement on the quantum of the applicant’s and the affected employees’ damages. Any compensation to the applicant will be subject to the Memorandum of Agreement set out in the Board’s decision of May 14, 2001. Failing such agreement, we remain seized to deal with the matter.
"Christopher J. Albertyn"
for the Board