Ontario Labour Relations Board
File No.: 0315-01-M Date: May 7, 2001
Between: Certified Employee Bargaining Agency for Bricklayers, Stonemasons and Plasterers; The Ontario Provincial Conference and/or The Brick and Allied Craft Union of Canada (“Union”), Applicant v. Masonry Industry Employer’s Council of Ontario (“Employer”), Responding Party.
Before: David A. McKee, Vice-Chair.
DECISION OF THE BOARD
1This is a reference from the Minister of Labour under section 115 of the Labour Relations Act, 1995, S. O. 1995 ch. 1 ("the Act") regarding a request by the Certified Employee Bargaining Agency for Bricklayers, Stonemasons and Plasterers for the appointment of a Conciliation Officer under section 18 of the Act.
2This decision will be sent to the parties, and to certain other trade unions, by facsimile copier, along with a copy of the reference itself. The Minister has provided certain materials, copies of which are attached to the copy of this decision which is being sent to the parties by mail.
3This is a matter which clearly requires expedition. The Board intends to conduct a hearing into this reference on Friday, May 18, 2001.
4Both the Union (to use the neutral term in the Minister’s reference) and the Employer Bargaining Agency are directed to file four (4) copies of a Statement of Representations which shall include the following (except to the extent already set out in the materials provided by the Minister):
(a) a detailed statement of all the material facts on which the parties rely, including the circumstances, what happened, when and where it happened;
(b) the party’s position on the question referred to the Board by the Minister;
(c) a brief outline of the representations the party intends to make to the Board in support of its position;
(d) copies of any relevant documents not attached to this decision.
5The parties are directed to deliver copies of these Statements to the other party and the two trade union entities which seek to participate in this referral. The parties are directed to file them on or before Wednesday, May 16, 2001 at 4:00 p.m. At the time of filing the Statements with the Board, the parties must verify in writing that they have delivered the Statements as set out in this direction. If the hearing date of May 18, 2001 poses extraordinary difficulties for any party, that party is directed to request the Registrar to set up a conference call to discuss the date for a hearing.
6Both the International Union of Bricklayers and Allied Craftworkers and Locals 6, 7, and 25 have sought to participate in this proceeding. It is not immediately evident to the Board that they may do so as of right. The Board directs those two parties to file Statements which include, in addition to the matters set out above:
(e) a detailed statement, including all case law references, of the reasons why the party asserts it has a right to, or should be accorded the status to, intervene in this reference;
(f) a detailed statement as to what it says the Board’s answer to the Minister’s question ought to be.
7The Statements of these two parties are to be filed in the same manner, and by the same time, as the Statement of the Union and the Employer Bargaining Agency. The Board will not require the two parties named in the reference to respond to these Statements prior to the day fixed for hearing. If the Board is able to determine that the two proposed intervenors do not or should not be given standing to participate, it will advise the parties on May 17, 2001. If not, that matter will be dealt with briefly at the commencement of the hearing.
8This matter is set for hearing on Friday, May 18, 2001, commencing at 9:30 a.m. at the Board’s offices, 505 University Avenue, second floor, Toronto, Ontario.
9I am seized of this matter.
“David A. McKee”
for the Board