0283-01-R Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Chesterform Ltd., Responding Party v. The Formwork Council of Ontario, Intervenor.
0650-01-U Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. The Formwork Council of Ontario and Victor Ferreira, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J. G. Knight and
G. McMenemy.
DECISION OF THE BOARD; July 4, 2001
Board File No. 0283-01-R is a certification application under the Labour Relations Act, 1995 (“the Act”) by the Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America (“Local 1030”). It appears to be a displacement application of the bargaining rights held by the Ontario Formwork Council of Ontario (comprising the Universal Workers’ Union, Labourers’ International Union of North America Local 183 and the Operating Engineers 793). Board File No. 0650-01-U is an unfair labour practice complaint against the Formwork Council and Victor Ferreira, one of its representatives.
In the certification application a representation vote has been held. The ballot box is sealed. There are disputes between the parties which will need to be dealt with at a hearing.
In Local 1030’s unfair labour practice complaint it contends that Mr. Ferreira has violated the Act. The Formwork Council has responded. It argues that the complaint does not disclose a prima facie case. It asks the Board to dismiss the complaint under Rule 46 of the Board’s Rules. This decision deals with that request.
Local 1030’s allegations against Mr. Ferreira are the following: on the date of Local 1030’s certification application he went to the job site where the employees affected by the application were working. He interfered with the work that was being done and “engaged in harassing and threatening conduct towards the bargaining unit members”. The allegation continues: “Ferreira was proclaiming that he did not intend to comply with the terms of the collective agreement and that he could do whatever he wished. Ferreira handed out his business card to employees and attempted to entice them to accept employment at another location.” Local 1030 suggests that Mr. Ferreira created a disturbance at the job site such that the employer was tempted to have him removed. The allegation continues: “Ferreira returned on subsequent days and engaged in further acts of harassment, intimidation and interference”.
On the basis of these allegations Local 1030 suggests that the representation vote may not have reflected the true wishes of the employees in the bargaining unit. Furthermore, says Local 1030, the unfair labour practice provisions of the Act have been violated.
The Formwork Council responds that Local 1030’s allegations of intimidation against Mr. Ferreira are insufficiently particularized. We agree. The allegations are so vague and unspecific that the Formwork Council should not be put to its defence to respond to them.
As regards the allegations of what Mr. Ferreira did at the job site on the date of the certification application, they do not make out a case, even if true, of a violation of the Act. There is also nothing in them to suggest that the true wishes of the employees in the bargaining unit were not expressed in the representation vote.
In the circumstances we uphold the Formwork Council’s request to have Local 1030’s unfair labour practice complaint dismissed without a hearing.
Therefore, Board File No. 0650-01-U is dismissed. Board File No. 0283-01-R will proceed to hearing to deal with the outstanding issues.
“Christopher J. Albertyn”
for the Board