Ontario Labour Relations Board
Board File Nos.: 3095-00-M, 3374-00-M
Re: Jack B. Moores, Applicant v. United Brotherhood of Carpenters and Joiners of America, Local 18, Responding Party.
Before: Harry Freedman, Vice-Chair.
Appearances: Jack B. Moores on his own behalf; Michael A. Church and Barry Walker for the responding party.
Decision of the Board; December 11, 2001
Decision
1The applicant is a member of the responding party. He has filed two applications under the section 92 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as am. (the “Act”): the first one (Board File No. 3095-00-M) is an application under section 92 (1) of the Act alleging that the responding party failed to provide him with a copy of its audited financial statement for its last fiscal year; the second (Board File No. 3374-00-M) is an application under section 92(2) of the Act alleging that the financial statement provided to him is inadequate. The Chair of the Board authorized me pursuant to section 110(14)(a) of the Act to sit alone to hear and determine these two matters.
2After the applicant had filed his application in Board File No. 3095-00-M, the responding party provided the applicant with a certified true copy of what it asserted was the audited financial statement of the responding party for the fiscal year ending June 30, 2000. When the hearing in these two matters commenced, the applicant agreed that the responding party had provided him with its audited financial statement for the last fiscal year. The applicant also agreed that in the circumstances, he was not going to proceed with the application under section 92(1) of the Act and requested that it be withdrawn.
3Therefore, the application under section 92(1) of the Act in Board File No. 3095-00-M is withdrawn at the request of the applicant.
4The applicant contends that the audited financial statement provided to him by the responding party is inadequate. His application outlines in detail what he seeks from the responding party and what he says the responding party has failed to provide. His application states that he wants:
An audited Financial Statement of all of the Funds in which members of local union 18 have contributed and the disbursements from one fund to another. Including but not exclusive to the following: General Fund, Strike Fund, Contingent Fund, Organizing Fund, Local 18 Promotion Fund, Pension Fund, Vacation Pay Trust Fund and the provisions for each one which are not laid out in our Constitution. With this any other pertinent information to ensure the performance of the funds are being dealt with properly and the best interests of the members are in mind.
While not suggesting that the financial statement in relation to the “General Fund” does not provide sufficient detail about the financial affairs of the responding party’s general fund, he asserts that there are other funds into which the revenue generated by the responding party from its members dues is directed. He argues in essence that the financial statement in relation to the general fund is inadequate as a financial statement of the responding party because that statement provides no information about those other funds. He submits that there are other funds in addition to the general fund receiving a portion of the dues paid by members and revenue from other income. He points out that money designated for a particular fund, for example, the training fund, benefit funds, and industry promotion fund is not included in the revenue of the general fund. He argues that although he has received an audited financial statement for the general fund, he wants to see the statements in relation to the other funds of the responding party, and in particular, the organizing fund, strike fund, contingent fund and any other funds to which members contribute. He also makes clear that he is not seeking any financial statements in respect of funds over which the responding party does not have exclusive control.
5The applicant submits that as a member of the responding party and as a contributor to the funds maintained by the responding party it is his right to have some knowledge of where the money goes that is raised by the responding party from the dues and revenues it obtains from its members. He also refers to section 17 of the responding party’s by-laws and rules, which states:
The fiscal year of this Local Union shall by July 1st to June 30th. All accounts shall be audited and a complete financial report for the fiscal year be brought forth by the auditing committee no later than ninety days of the close of the fiscal year.
The applicant summed up his argument by saying that he is simply looking for a financial statement about the money contributed by the members of the responding party to see exactly where that money goes.
6Counsel for the responding party pointed out that the applicant is not only a member of the responding party but was also a former member of its executive. He submits that the applicant is seeking more than the financial statements of the responding party. The financial statement provided to the applicant is the financial statement of the general fund of the responding party. The applicant, he submits, is looking for a detailed allocation of all of the funds received by the responding party, not just the summary set out in the financial statements. He also points out that there has been no suggestion of any financial irregularities in the affairs of the responding party. Counsel argues that information about all of the funds under the exclusive control of the responding party is available at every membership meeting. (The applicant agreed that information about each of the funds maintained