0313-01-R Canadian Union of Skilled Workers, Applicant v. Langley Utilities Contracting Ltd., Responding Party v. IBEW Construction Council of Ontario, Intervenor.
BEFORE: D.L. Gee, Vice-Chair.
DECISION OF THE BOARD; June 26, 2001
1As indicated in the Board’s decision of May 2, 2001, the Canadian Union of Skilled Workers (“CUSW”) has not heretofore been found by the Board to be a trade union within the meaning of sections 1(1) and 126 of the Labour Relations Act, 1995 (the “Act”). Pursuant to Minutes of Settlement dated June 12, 2001, the IBEW Construction Council of Ontario and CUSW have filed submissions with the Board on the issue of CUSW’s status. The IBEW Construction Council of Ontario does not challenge CUSW’s status as a trade union or a construction trade union as a chartered local of the Labourers’ International Union of North America (“LIUNA”) but disputes that CUSW has status as an independent trade union. CUSW asserts that it has status as a trade union sufficient to permit it to be certified as the bargaining agent of the employees in the present application. The employer takes no position on this issue.
2Section 1(1) and 126 of the Act provide as follows:
1.(1) In this Act,
“trade union” means an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national, or international trade union, a certified council of trade unions and a designated or certified employee bargaining agency.
126.(1) In this section and in sections 126.1 to 168,
“trade union” means a trade union that according to established trade union practice pertains to the construction industry.
3On January 16, 1999, CUSW held its founding meeting. Those present who signed cards were accepted as members of CUSW. The CUSW Constitution, as revised, was adopted, following which those who had signed cards were confirmed as members of CUSW. In accordance with article 9 of the Constitution, officers were elected. The Constitution was recently amended at the First Convention of the Canadian Union of Skilled Workers held on January 26 and 27, 2001. The objects of CUSW, as set out in article 2.01 of the Constitution, include the regulation of relations between employees and employers through collective bargaining. CUSW is governed between meetings of its members by an elected executive board comprised of seven persons, including a President and Vice-President.
4CUSW is presently party to four collective agreements that pertain exclusively to the construction industry. CUSW is also party to several other voluntary recognition agreements and is or will be bargaining with the employers with whom those agreements have been made with a view to making a collective agreement. CUSW’s collective agreements are typical of collective agreements that pertain to the construction industry. CUSW maintains an out-of-work list and hiring hall, it maintains benefit funds and participates with employers in apprenticeship and training programs. CUSW has referred grievances to the Board pursuant to section 133 of the Act and has pursued jurisdictional dispute complaints.
5Having regard to the foregoing and the Board’s review of all of the documentation filed, the Board is satisfied that CUSW is a trade union within the meaning of sections 1(1) and 126 of the Act.
“D.L. Gee”
for the Board