0271-01-M Labourers’ International Union of North America, Local 527, Applicant v. National Capital Road Builders Association; Dibblee Paving and Materials Limited; International Union of Operating Engineers Local 793, Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
APPEARANCES: Daniel Randazzo, Bernardino Carrozzi, Luigi Carrozzi for Labourers’ International Union of North America, Local 527; Wally Langley and Kathleen Grimes for National Capital Road Builders Association; John Wray, Michael S. Ruddy and Eric Yonke for Dibblee Paving and Materials Ltd..; André Chénier and Rick Kerr for International Union of Operating Engineers, Local 793.
DECISION OF THE BOARD; December 6, 2001
1This is a Ministerial reference in which the Board has been asked to determine the following question:
Does the Minister of Labour have the authority to make the requested appointment of a conciliation officer?
2The collective agreement to which the request was made is alleged to cover the following geographic area:
“The counties of Dundas, Stormont, Glengarry, Grenville, Lanark and Renfrew”
3It appears that the applicant, Labourers' International Union of North America, Local 527 (“Local 527”) takes the position that it is bound to a collective agreement between a council of unions including itself and International Union of Operating Engineers Local 793 (“IUOE”) and the National Capital Road Builders Association (the “Association”) representing certain employers. This document appears to be sometimes referred to as the “grey area” agreement.
4The Association takes the position that there is no such collective agreement, and that in any event it covers a geographic area outside the area for which it is the accredited employers’ organization. The Association also maintains that if there is a collective agreement it does not bind the Association but rather only the individual contractors who executed the agreement. Local 527 and IUOE assert that the grey area agreement is a valid and subsisting collective agreement which was negotiated and executed by the Association, therefore binding a number of employers through the agency of the Association. This would however be a matter of voluntary association by the employers involved, rather than through the application of the statute.
5The Board conducted a hearing on November 28, 2001 to address all outstanding matters of a procedural nature. The Board made a number of oral rulings and the parties reached a number of agreements amongst themselves. Those rulings and agreements are set out as follows.
Standing
6The parties agreed that the IUOE and Dibblee Paving and Materials Limited (“Dibblee”) should be granted standing as parties in this matter. The style of cause is amended accordingly. The Board ruled that it would permit an employer who may be identified to be a member of the Association the opportunity to seek standing at a later point in the proceedings.
Hearing Dates
7The hearing in this matter shall continue on the following dates:
January 15, 2002
April 11, 12, 30, 2002
May 1, 2, 7, 8, 2002
The hearing on January 15, 2001 is scheduled to take place in the “Boardroom” at Gillespie Reporting Services, 130 Slater Street, National Building, Suite 200, Ottawa, Ontario, commencing at 9:30 a.m. The Board will advise the parties of the location for the remaining hearing dates.
8The Board directs the Registrar to provide a copy of this decision to all contractors identified as potentially being affected by a decision of the Board in this matter as noted on correspondence dated May 2, 2001 from counsel for the Association..
Order of Proceedings
9The Board heard from the parties regarding the proposed order of proceedings. After considering the submissions of the parties, the Board ruled that Local 527 and the IUOE would proceed first to present their evidence. The Association will then proceed to call its evidence followed by Dibblee and any other employer who seeks standing. The Board cautioned the parties that in light of the potential for multiple parties, the Board would limit the scope of cross-examination to those matters which are arguably relevant to their own interests. The Board will not permit counsel to unnecessarily duplicate testimony previously canvassed during cross-examination.
Production Requests
10The Board orally ruled on a number of production requests by the various parties. The Board directed the Association to produce to Local 527 and to the IUOE, the following documents on or before December 31, 2001:
documents, books, journals, ledgers, minutes or computer records, which provide a list of all member companies or employers of the Association for the years of 1998, 1999, 2000 and 2001. Included in the list of member companies or employers, a list of all “Ordinary Members” and a list of all “Voting Members” for the years of 1998, 1999 and 2000;
documents, books, journals, ledgers, minutes or computer records which provide a list of all officers and directors of the Association for the years of 1998, 1999 and 2000;
documents, books, journals, ledgers, minutes or computer records which provide a list of all committee members, including negotiating committees, for the years of 1998, 1999 and 2000;
copies of By-law Nos. 1 through 4 and any By-laws made subsequent to or superseding Bay-law No. 5;
copies of any amendments to the Association By-laws referred to in paragraph 3;
copies of all Minutes of Meetings of the Membership of the Association relating to the negotiation or ratification of collective agreements for the years 1998, 1999 and 2000;
copies of all Minutes of Meetings of the Board of Directors of the Association relating to the negotiation and ratification of collective agreements for the years 1998, 1999 and 2000;
copies of a blank application for membership and copies of all applications for membership received during the years of 1998, 1999, 2000.
copies of resolutions passed by the Association pursuant to Article 2.05 of By-Law No. 5;
copies of resolutions passed by the Association pursuant to Article 4.11(iii) of By-Law No. 5; and
copies of resolutions appointing of negotiating committees.
11The Board declined to direct the Association to produce copies of any and all financial records which indicate or provide for the fees or dues paid by Ordinary Members and Voting Members during the years 1998, 1999 and 2000. The Board indicated that it would permit Local 527 to renew its request to have these documents produced should it be unable to determine the members of the Association based on the documents which the Board has ordered to be produced.
12The Board notes the agreement of the parties by which Dibblee will provide the names of contractors under which it previously operated to Local 527 and to the IUOE who will in turn confirm which of those contractors are bound to their respective Provincial Civil Agreement.
13The Board also notes the agreement of the parties by which the Association will provide the names of contractors which may be its members to Local 527 and to the IUOE who will in turn confirm which of those contractors are bound to their respective Provincial Civil Agreement.
14This panel of the Board is seized.
“John Morgan Lewis”
for the Board