Decisions - 2007

 


 
 
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Decisions issued in 2007

 


27/12/07- Canadian Union of Public Employees and Canadian Union of Public Employees, Local 70 and Southern Alberta Community Living Association - Letter decision - Cite: [2007] Alta.L.R.B.R LD-096

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27/12/07- Miscellaneous Employees, Teamsters Local Union 987 of Alberta brought by Certain Employees of Lynden International Logistics Co. and Lynden International Logistics Co. - Letter decision - Cite: [2007] Alta.L.R.B.R LD-095

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20/12/07- School Boards Employer Bargaining Authority and The Alberta Teachers' Association -Formal Decision - Cite: [2007] Alta.L.R.B.R. 240

Bargaining in Bad Faith – s. 60(1) – The Board dismissed the ATA’s complaint alleging individual employers bargained in bad faith by choosing to be represented during bargaining by an employers’ association - the SBEBA.  The Board found the ATA to have breached its duty to bargain in good faith by refusing to recognize and bargain with the SBEBA.  The Board supported the position of the ATA that the Board had no authority to direct bargaining take place on a multi-unit basis, at one table, at one time.

Unions – Interference with Employers’ Rights – s. 151(c) - The ATA breached the Code by failing to recognize the SBEBA including actions aimed at undermining its effectiveness.

The Alberta Teacher’s Association (“ATA”) filed complaints alleging several individual school boards failed to bargain in good faith contrary to s.60 and 61 of the Code.  The School Boards Employer Bargaining Authority (“SBEBA”) filed complaints alleging the ATA failed to bargain in good faith contrary to s. 60 and interfered with the SBEBA’s formation contrary to s.151(c).  SBEBA also filed an application requesting the Board resolve the difference between the parties as to the appropriate form for collective bargaining.  The fundamental issue in dispute was whether collective bargaining should take place at one table (the position of SBEBA) or many (the position of the ATA).

Held:   Addressing first the issues arising out of SBEBA’s reference application, the Board concluded it had no authority to direct multi-unit bargaining be undertaken between ATA and SBEBA.  The fact the ATA is named on numerous different certificates does not mean employers or their employers’ organization are able to require the ATA to bargain with them on a multi-unit basis, at one table, at one time.  The Board also dismissed the ATA’s complaint the individual employer’s failed to bargain in good faith because of their actions in choosing to be represented by SBEBA.  The employers were entitled to have the SBEBA deal with the ATA in respect of all matters relating to collective bargaining.  The Board granted SBEBA’s complaint the ATA failed to bargain in good faith.  The ATA breached this duty as a result of its unwillingness to recognize the employers’ organization’s right to collectively bargain on behalf of those employers who have authorized it to do so.  Finally, the Board concluded the actions of the ATA including making various comments about SBEBA not supported by the facts constituted interference with the formation of SBEBA contrary to s.151(c) of the Code.

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19/12/07- Syncrude Canada Ltd. and Communications, Energy and Paperworkers Union of Canada, Local 707 and TransAlta Energy Corporation and Suncor Energy Inc. and Diversified Transportation Ltd. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-094

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18/12/07- Alberta Union of Provincial Employees and Crown in Right of Alberta - Formal Decision - Cite: [2007] Alta.L.R.B.R. 229

Employees – Status Determination – s. 12(3)(g) and s.1(l) – The Board held certain individuals were employees of the Crown despite being paid through an employment agency.

AUPE applied to the Board for a determination certain “contract employees” - employees paid through an employment agency but who provided services to the Crown in Right of Alberta - were employees of the Crown and were included in AUPE’s bargaining unit.  At the conclusion of the hearing, the Crown agreed the majority of the individuals in question were employees of the Crown.  The Crown disputed that the remaining individuals were Crown employees on the basis two could not specify the start date when they commenced working with the Crown and five did not testify.

Held:   The evidence with respect to the two individuals was sufficient to support a finding they be considered Crown employees.  The difficulty in obtaining precise start dates should not disentitle them from a declaration of employment status.  The Board rejected the application in relation to the five individuals who did not testify as there was insufficient evidence to support such a finding.  The Board reserved jurisdiction on remedy.

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11/12/07- Herman Gartner, Communications, Energy and Paperworkers Union of Canada, Local Union No. 829, Bob Brown and EPCOR Utilities Inc. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-093

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11/12/07- The Alberta Union of Provincial Employees and Integrated Life Care Inc. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-092

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10/12/07- Tony Rees, Local Union 424, International Brotherhood of Electrical Workers, Phil Fleming, George Gladney, Dave Handley, Doug Daly and Robin Duke - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-091

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7/12/07- Local Union 424, International Brotherhood of Electrical Workers, certain employees of Konecranes Canada Inc. and Konecranes Canada Inc. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-090

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3/12/07- Communications Energy and Paperworkers Union of Canada, Local Union No. 773, John Wielinski and W. Ralston (Canada) Inc. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-089

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26/11/07-  TransAlta Energy Corporation, Suncor Energy Inc. and Communications, Energy and Paperworkers Union of Canada, Local Union No. 707 - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-088

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20/11/07-  United Food and Commercial Workers Union, Local 401 and Lakeside Feeders Ltd. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-087

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19/11/07-  Ergo Electric Inc. and Local Union 424, International Brotherhood of Electrical Workers - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-086

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16/11/07- Muskwachees Ambulance Authority Ltd. and Samson Cree Nation and Canadian Union of Public Employees, Local 3197 and Alberta Labour Relations Board - Court of Queen's Bench Decision - Cite: [2007] Alta.L.R.B.R. 219

Judicial Review – Stays – s. 12(4) – The application for a stay of the Board’s proceedings did not meet any part of the three part test for injunctive relief.  In particular, it did not raise a serious issue to be tried given the deference that would be accorded a procedural ruling made by the Board on the order in which it would address matters raised as a part of an unfair labour practice complaint.

The Muskwachees Ambulance Authority Ltd. and the Samson Cree Nation (the “Applicants”) sought an interim injunction prohibiting and enjoining the Alberta Labour Relations Board from proceeding with hearings scheduled for various unfair labour practice complaints filed by the Canadian Union of Public Employees, Local 3197.  The interim relief was sought in the context of a judicial review application seeking to overturn a procedural ruling of the Board addressing the order in which the Board would hear issues raised in the unfair labour practices complaints.

Held:   The Court dismissed the application on the basis it met no part of the three part test for injunctive relief.  In particular, it did not raise a serious issue to be tried given the deference that would be accorded a procedural ruling made by the Board on the order in which it would address matters raised as a part of an unfair labour practice complaint.

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13/11/07-  Alberta Building Trades Council and its affiliates and Construction Workers Union (CLAC), Local No. 63, Canadian Natural Resources Limited, Horizon Construction Management Ltd. and International Association of Bridge, Structural and Ornamental Ironworkers, Local Union No. 720 - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-085

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13/11/07- Garry Halicki and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-084

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13/11/07- Muskwachees Ambulance Authority Ltd. and Canadian Union of Public Employees, Local 3197 - Court of Queen's Bench Decision - Cite: 2007 ABQB 683; [2007] Alta. L.R.B.R. 209

Judicial Review – Mootness – s. 12(4) – The Court dismissed the judicial review application on the basis of mootness.

The Muskwachees Ambulance Authority Ltd. (the “MAA”) sought judicial review of a decision of the Board which found the Board had jurisdiction over the labour relations of the MAA.  That decision was made in the context of a certification application brought by the Canadian Union of Public Employees, Local 3197.  By the time the matter was heard by the Court of Queen’s Bench, the ballots in the certification application had been counted with the employees voting against certification.

Held:   The application for judicial review was dismissed as being moot.  As the result of the certification vote was against certification, any decision by the court would not affect the practical rights of the parties and was therefore moot.  The Board exercised its discretion against hearing the moot matter on the basis the expenditure of limited judicial resources on a determination that did not involve a real question that had a practical effect was not warranted.

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9/11/07- Muskwachees Ambulance Authority Ltd. and Canadian Union of Public Employees, Local 3197 and Alberta Labour Relations Board - Court of Queen's Bench Decision - Cite: 2007 ABQB 670; [2007] Alta. L.R.B.R. 206

Judicial Review – Stays – s. 12(4) - The Court stayed the Board’s proceedings pending the release of the Court of Queen’s Bench decision addressing the issue of whether the Board had correctly concluded it had jurisdiction over the MAA.

The Muskwachees Ambulance Authority Ltd. (the “MAA”) sought judicial review from a decision of the Alberta Labour Relations Board (the “Board”) which denied an adjournment request by the MAA of unfair labour practice complaints scheduled to be heard by the Board.  As part of that application, the MAA sought a stay of the Board’s proceedings, pending a decision of the Court of Queen’s Bench, addressing the issue of whether the Board’s decision that it had jurisdiction over the MAA was correct.  The Union opposed the stay application.

Held:   The Court stayed the Board’s proceedings pending the release of the Court of Queen’s Bench decision addressing the issue of whether the Board had correctly concluded it had jurisdiction over the MAA.  

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9/11/07- TransAlta Energy Corporation, Suncor Energy Inc., Diversified Transportation Ltd. and Communications, Energy and Paperworkers Union of Canada, Local 707 - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-083

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09/11/07- Canadian Union of Public Employees, Local 417, the Town of Didsbury and Certain Employees of the Town of Didsbury. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-082

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25/10/07- Local Union 424, International Brotherhood of Electrical Workers v. Ergo Electric Inc. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-081

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24/10/07- Quinn Construction Ltd. and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-080

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22/10/07- Cherrie Mullen v. Construction and General Workers’ Union, Local 92, Mike Reid, Larry Lebold, Ferd Jones, Jeff Cann, Dave O’Connor and Jacobs Industrial Services Ltd. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-079

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18/10/07- International Association of Machinists and Aerospace Workers, Local Lodge No. 99 and Finning International Inc., Tracker Logistics Inc., National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local No. 4050 - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-078

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17/10/07- International Association of Machinists and Aerospace Workers, Local Lodge No. 99 and Finning International Inc., Finning (Canada) Division of Finning International Inc., and O.E.M. Remanufacturing Company Inc. - Court of Appeal Decision - Cite: [2007] Alta.L.R.B.R. 174

Successorship – s. 46(1) - The Court concluded the reconsideration panel’s analysis that the elements to be taken into account had to originate “from the business” ignores the commercial realities of the closely related entities.  This approach eliminated from the reconsideration panel’s analysis Finning’s significant capital contribution and was patently unreasonable.

The International Association of Machinists and Aerospace Workers, Local Lodge No. 99 (the “Union”) appealed from a decision of the Court of Queen’s Bench which upheld a reconsideration decision of the Board on the basis the Board’s decision was not patently unreasonable.  The Board’s reconsideration decision overturned a previous decision of the Board which found in favour of the Union’s successorship and common employer applications affecting O.E.M. Remanufacturing Company Inc. (“Reman”)  The primary issue addressed on appeal was whether the transfer of a large amount of capital from the larger corporate entity – Finning International Inc. – was a factor that could be considered in the successorship analysis despite the fact it did not originate from the Component Rebuild Centre – the business that was arguably transferred.

Held:   The Court of Appeal allowed the appeal based on errors made by the Board in the application of its reconsideration power and in its analysis on the successorship issues.  The Court concluded a reconsideration panel should be hesitant to substitute its own appreciation of the facts for that of the original panel unless the purported errors are substantial.  It found much of the reconsideration panel’s analysis reassessed the factual inferences and findings made by the original panel.  In particular, it focussed on the reconsideration panel’s questioning of the original panel’s analysis in relation to a key individual’s managerial expertise and its impact on Reman’s operations and the Board’s error in classifying this as a question of law.  The Court viewed the mischaracterization of the key individual’s involvement as an error or law as being so flawed as to be patently unreasonable.  On the successorship issue, the Court concluded the reconsideration panel’s analysis that the elements to be taken into account had to originate “from the business” ignores the commercial realities of the closely related entities.  This approach eliminated from the reconsideration panel’s analysis Finning’s significant capital contribution and was patently unreasonable.

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16/10/07- Parkland School Division No. 70 and Alberta Labour Relations Board, Alberta Teachers’ Association and Alberta Teachers’Association Local No. 10 - Court of Queen's Bench Decision - Cite: [2007] Alta.L.R.B.R. 195

Strikes – Notice – s. 78(1) - The Board’s conclusion that a strike notice that did not identify the initial location of the strike was not defective in the context of a situation where the parties to the dispute both understood the initial location of the strike was not patently unreasonable.

The Parkland School Division No. 70 (“Parkland”) sought judicial review of a Board decision which dismissed Parkland’s application seeking a finding from the Board that the strike notice served by the Alberta Teachers’ Association Local No. 10 (the “ATA”) was defective.  Section 78(1) of the Code states a bargaining agent shall not cause a strike unless the notice is served that identifies the date, time and initial location of the strike.  The notice did not specify the initial location at which the strike was to occur even though it was understood by both Parkland and the ATA that the strike would be initiated at all of the schools in the school division.

Held:   Application dismissed.  It was not patently unreasonable for the Board to interpret s.78(1) in a contextual manner and to find that the strike notice was sufficient rather than applying a strictly legalistic approach.  The Board’s conclusion that a strike notice that did not identify the initial location of the strike was not defective in the context of a situation where the parties to the dispute both understood the initial location of the strike was not patently unreasonable.

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10/10/07- United Food and Commercial Workers Union, Local No. 401 and Ileen Fry and Lakeside Feeders Ltd. - Letter Decision - Cite: [2007] Alta.L.R.B.R.LD-077

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28/09/07- Ergo Electric Inc. v. Local Union 424, International Brotherhood of Electrical Workers - Letter Decision - Cite: [2007] Alta.L.R.B.R.LD-076

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28/09/07-  Anh Kim Dang v. The Alberta Union of Provincial Employees and Caritas Health Group - Letter Decision - Cite: [2007] Alta.L.R.B.R.LD-075

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21/09/07-  Construction Workers Union (CLAC), Local No. 63 affecting Woodside Projects Inc. - Letter Decision - Cite: [2007] Alta.L.R.B.R.LD-074

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19/09/07-  Clarence Kavanagh v. United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, David Esterbrook and Fluor Constructors Canada Ltd. - Letter Decision - Cite: [2007] Alta.L.R.B.R.LD-073

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17/09/07- Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division and United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Sheet Metal Workers’ International Association, Local 8 and Construction and General Workers’ Union, Local 92 - Letter Decision - Cite: [2007] Alta.L.R.B.R.LD-072

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14/09/07- Suncor Energy Inc. and Certain Employees, Certain Employees, Certain Members or Persons represented by the Construction Trade Unions and their Supporters - Directives - Cite: [2007] Alta.L.R.B.R. BD-022

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14/09/07- Aecon Industrial, A Division of Aecon Group Inc. and employees of Aecon Industrial, a Division of Aecon Group Inc. represented by the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Construction and General Workers’ Union, Local No. 92 and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 - Directives - Cite: [2007] Alta.L.R.B.R. BD-021

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13/09/07- Petro Canada and certain employees, certain members or persons represented by the construction trade unions, and their supporters - Directives - Cite: [2007] Alta.L.R.B.R. BD-017

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12/09/07- Fluor Constructors Canada Ltd. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Construction and General Workers’ Union, Local No. 92, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Local Union 424, International Brotherhood of Electrical Work - Directives - Cite: [2007] Alta.L.R.B.R. BD-023

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12/09/07- PCL Industrial Constructors Inc. and Construction and General Workers’ Union, Local No. 92, International Association of Bridge, Structural and Ornamental Ironworkers, Local Union No. 720 and International Union of Operating Engineers, Local Union No. 955 - Directives - Cite: [2007] Alta.L.R.B.R. BD-024

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12/09/07- Steeplejack Services (Contracting) Ltd. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 - Directives - Cite: [2007] Alta.L.R.B.R. BD-025

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12/09/07- Bird Construction Company represented by the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Construction and General Workers’ Union, Local No. 92 and Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local Union 222 - Directives - Cite: [2007] Alta.L.R.B.R. BD-026

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12/09/07- BFI Constructors Ltd. and CASCA Electric division of Reppsco Services Ltd. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 488, Construction and General Workers’ Union, Local No. 92, Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local Union 222, Local Union 424, International Brotherhood of Electrical Workers, International Union of Operating Engineers, Local 955, International Association of Bridge, Structural and Ornamental Iron Workers, Local 720 - Directives - Cite: [2007] Alta.L.R.B.R. BD-027

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12/09/07- PCL Industrial Constructors Inc. and certain employees, certain members or persons represented by the construction trade unions, and their supporters - Directives - Cite: [2007] Alta.L.R.B.R. BD-20

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12/09/07- Air Products Chemical Inc. and certain employees, certain members or persons represented by the construction trade unions, and their supporters - Directives - Cite: [2007] Alta.L.R.B.R. BD-019

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12/09/07- Construction Labour Relations – an Alberta Association (Provincial) Trade Division, PCL Intracon Power Inc., PCL Industrial Constructors Inc., Kellogg Brown & Root (Canada) Company, Bird Construction Company, Steeplejack Services (Contracting) Ltd., Casca Electric division of Reppsco Services Ltd., Jacobs Industrial Services Ltd., Abalone Construction (Western) Inc., Babcock & Wilcox Canada, Chemco Electrical Contractors Ltd., Aluma Systems Inc., Lockerbie and Hole Industrial Inc., Fluor Constructors Canada, TIC Canada ULC, Aecon Constructors, a division of Aecon Construction Group Inc., Tracer Field Services Canada Ltd., Taurus Site Services Inc., Pacer Management Services Corp., A&B Rail Services Ltd., AGRA Foundations Limited, North American Caisson Ltd., Voice Construction Limited, Horton CBI Limited, Terroco Contracting Limited and Mammoet Canada Western Limited and certain of its employees who are members of or represented by various trade unions including the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local Union 222, Local Union 424, International Brotherhood of Electrical Workers, Construction and General Workers’ Union, Local No. 92, Millwrights, Machinery Erectors and Maintenance Union, Local 1460 of the United Brotherhood of Carpenters and Joiners of America, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 488, and General Teamsters, Local Union 362- Directives - Cite: [2007] Alta.L.R.B.R. BD-016

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12/09/07- Horton CBI, Limited. and certain employees, certain members or persons represented by the construction trade unions, and their supporters - Directives - Cite: [2007] Alta.L.R.B.R. BD-015

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11/09/07- Aluma Systems Inc. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 - Directives - Cite: [2007] Alta.L.R.B.R. BD-014

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11/09/07- Steeplejack Services (Contracting) Ltd.and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325- Directives - Cite: [2007] Alta.L.R.B.R. BD-013

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11/09/07- PCL Intracon Power Inc. affecting Local Union 424, International Brotherhood of Electrical Workers - Directives - Cite: [2007] Alta.L.R.B.R. BD-012

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11/09/07- Aecon Constructors, a division of Aecon Construction Group Inc. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and Construction and General Workers’ Union, Local No. 92 - Directives - Cite: [2007] Alta.L.R.B.R. BD-011

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11/09/07- PCL Industrial Constructors Inc. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union No. 488 - Directives - Cite: [2007] Alta.L.R.B.R. BD-010

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11/09/07- Taurus Site Services Inc. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Construction and General Workers’ Union, Local 92, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union No. 488 and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge 146 - Directives - Cite: [2007] Alta.L.R.B.R. BD-009

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11/09/07- Lockerbie and Hole Industrial Inc. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union No. 488 - Directives - Cite: [2007] Alta.L.R.B.R.BD-008

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11/09/07-  Kellogg, Brown & Root (Canada) Company and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Construction and General Workers’ Union, Local 92, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union No. 488 and International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 720 - Directives - Cite: [2007] Alta.L.R.B.R. BD-007

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11/09/07-  Steeplejack Services (Contracting) Ltd., Jacobs Industrial Services Ltd. and Pacer Management Services Corp. and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and General Teamsters, Local Union No. 362- Directives - Cite: [2007] Alta.L.R.B.R. BD-006

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11/09/07-  Tracer Field Services Canada Ltd. and the Local Union 424, International Brotherhood of Electrical Workers - Directives - Cite: [2007] Alta.L.R.B.R. BD-005

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11/09/07-  Lockerbie and Hole Industrial Inc. and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 - Directives - Cite: [2007] Alta.L.R.B.R. BD-004

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11/09/07-  Rick O'Krane, United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, Dave Estabrooks and Wood Buffalo Scaffolding Ltd. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-071

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10/09/07-   Bantrel Constructors Co., Bird Construction Company, Steeplejack Industrial Insulation Ltd., Casca Electric Division of Reppsco Services Ltd., Jacobs Industrial Services Ltd., Abalone Construction (Western) Inc., A&H Steel Ltd., Babcock & Wilcox Canada, Kellogg Brown & Root (Canada) Company, Chemco Electrical Contractors Ltd. and Construction Labour Relations, An Alberta Association and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, The Construction and General Workers’ Union Local 92, the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488, International Brotherhood of Electrical Workers, Local 424, Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local 222, International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers, Local 720, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers Local 146 and International Union of Operating Engineers, Local 955 - Directives - Cite: [2007] Alta.L.R.B.R. BD-003

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09/09/07-   TIC Canada ULC and employees who are members of or represented by the United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, the Construction and General Workers’ Union Local 92 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 - Findings and Directives - Cite: [2007] Alta.L.R.B.R.BD-002

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08/09/07-  TIC Canada ULC, Steeplejack Services (Contracting) Ltd. and Construction Labour Relations, an Alberta Association and United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, the Construction and General Workers’ Union Local 92 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 - Directives - Cite: [2007] Alta.L.R.B.R. BD-001

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07/09/07-  Shell Canada Energy, Albian Sands Energy Inc. Bantrel Constructors Co., Pacer Management Services Ltd., Aecon Constructors a division of Aecon Construction Group Inc. and Jacobs Industrial Services Ltd. affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8,  Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division and Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8,  Fluor Constructors Canada Ltd. and Bird Construction Company affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8, PCL Industrial Constructors Inc. affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8, Canadian Natural Resources Limited and Horizon Construction Management Limited affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8, EPCOR Utilities Inc. affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8, Petrol-Canada Oil and Gas affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8, Suncor Energy Inc. affecting United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 and 2103, Construction and General Workers’ Union, Local 92, Construction and Specialized Workers’ Union, Local 1111 and Sheet Metal Workers’ International Association, Local 8  - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-070

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05/09/07- United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and Construction and Specialized Workers’ Union, Local 1111 and Construction and General Workers’ Union, Local No. 92 and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division and Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-069

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04/09/07- United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and Construction and Specialized Workers’ Union, Local 1111 and Construction and General Workers’ Union, Local No. 92 and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division and Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-068

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04/09/07- United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and Construction and Specialized Workers’ Union, Local 1111 and Construction and General Workers’ Union, Local No. 92 and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division and Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-067

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01/09/07- United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and Construction and Specialized Workers’ Union, Local 1111 and Construction and General Workers’ Union, Local No. 92 and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division and Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-066

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28/08/07- United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 and Construction and Specialized Workers’ Union, Local 1111 and Construction and General Workers’ Union, Local No. 92 and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division and Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-065

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21/08/07- Certain employees of The Royal Canadian Legion Calgary (Alberta No. 1 Branch), Unite Here Canada Local 47 and The Royal Canadian Legion Calgary (Alberta No. 1 Branch) - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-064

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15/08/07- Jason Harke, Local Union 424, International Brotherhood of Electrical Workers, Dale Crowe, Tim Brower, Brian Young, Real Vaugeois and Laird Electric & Supplies (1980) Ltd. - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-063

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09/08/07- United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Garry Halicki  - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-062

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08/08/07- School Boards Employer Bargaining Authority, Alberta Teachers’ Association, Christ the Redeemer CSRD No. 3; Foothills School Division No. 38, Holy Spirit Catholic Separate Regional Division No. 4; Prairie Land Regional Division No. 25, Conseil Scolaire du Sud de l’Alberta; Livingston Range School Division No. 68; Wetaskiwin Regional Division No. 11 and Aspen View Regional Division No. 19  - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-061

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03/08/07- Angelo Tartaglia, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local Union No. 720, George Papineau, Darrel LaBoucan and Micah Field  - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-060

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03/08/07- Local Union 424, International Brotherhood of Electrical Workers, Rod McVicar, Flint Facilities and Pipeline Inc. and Construction Workers Union (CLAC), Local No. 63 - Letter Decision - Cite: [2007] Alta.L.R.B.R. LD-059

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31/07/07- Construction Labour Relations - An Alberta Association Roofers (Provincial) Trade Division, Construction and General Workers' Union, Local 92, Sheet Metal Workers' International Association, Local 8 and United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 - Formal Decision - Cite: [2007] Alta. L.R.B.R. 162

Votes – Proposal – s. 69 – The Board held the offer put forward as part of the REO’s proposal vote application could not form a collective agreement and, on that basis, dismissed the application.  The Board held the REO was at liberty to apply again as the employees wishes had not been tested under the first application.

The Construction Labour Relations – an Alberta Association Roofers (Provincial) Trade Division (the “REO”) applied for a proposal vote affecting employees employed in the roofing industry of the unions within Group 2 as designated by a Board Consolidation Order.  At the time of the application, only one union had members working on the Registration Certificate for two companies.  The Union objected to the application arguing the proposal was too vague to constitute a collective agreement and, as a result, employees have no way to know exactly what they are voting on.

Held:   The Board held the offer could not form a collective agreement as it was both incomplete and too vague.  The Board was not satisfied the proposal was clear enough for employees to understand.  As a general rule, summary form proposals (as opposed to a full collective agreement) must be in clear and concise language which should allow voters to easily compare the proposal to the last collective agreement and understand what it is they are being asked to vote on.  Having dismissed the proposal vote application, the Board went on to state it did not view the dismissal of the application as barring the employer from applying a second time, as the limiting language found within section 69(3) on such votes referred not simply to the application but to the result of the application – the vote or poll.  As there had been not vote, the REO was at liberty to apply again under the section.

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27/07/07- Local Union 424, International Brotherhood of Electrical Workers and Electrical Contractors Association of Alberta, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 and Boilermaker Contractors Association of Alberta, Millwrights Machinery Erectors and Maintenance Union, Local 1460 of the United Brotherhood of Carpenters and Joiners of America and Construction Labour Relations, An Alberta Association,  United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local Union No. 496 and Construction Labour Relations, An Alberta Association - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-058

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27/07/07- United Brotherhood of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Unions 488 and 496, Local Union 424, International Brotherhood of Electrical Workers, United Brotherhood of Carpenters and Joiners of America, Local No. 1460 and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 v. Boilermaker Contractors Association of Alberta, Construction Labour Relations – an Alberta Association Mechanical (Provincial) Trade Division, Construction Labour Relations – an Alberta Association Refrigeration (Provincial) Trade Division, Construction Labour Relations – an Alberta Association Millwrights (Provincial) Trade Division - Formal Decision - Cite: [2007] Alta. L.R.B.R. 155

Votes – Strike – Construction – s. 185(5) - The 60% threshold set out in section 185(5) is expressed as a percentage of those eligible employees who actually cast valid ballots and is not to be read as requiring “at least 60% of the employees entitled to vote, and 60% of employees voting, … vote in favour.”

Various unions (the “Unions”) and the corresponding respondent registered employers’ organizations (the “REOs”), engaged in biennial construction industry collective bargaining, came before the Board for a ruling as to what level of support would result in a successful strike vote.  Each of the unions had held its strike vote and had sealed the ballot box.  The decision addressed the proper interpretation of section 185(5) of the Code.

Held:   The Board accepted the interpretation advanced by the Unions.  The 60% threshold set out in section 185(5) is expressed as a percentage of those eligible employees who actually cast valid ballots and is not to be read requiring “at least 60% of the employees entitled to vote, and 60% of employees voting, … vote in favour.”

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26/07/07- Local Union 424, International Brotherhood of Electrical Workers and Electrical Contractors Association of Alberta, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 and Boilermaker Contractors Association of Alberta, Millwrights Machinery Erectors and Maintenance Union, Local 1460 of the United Brotherhood of Carpenters and Joiners of America and Construction Labour Relations, An Alberta Association,  United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local Union No. 496 and Construction Labour Relations, An Alberta Association - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-057

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23/07/07-Tony Rees and Local Union 424, International Brotherhood of Electrical Workers, Phil Flemming, George Gladney, Dave Handley, Doug Daly and Robin Duke - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-056

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23/07/07-United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Quinn Construction Ltd. and Quinn Construction Ltd. Employees' Association and Jim Quinn - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-055

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19/07/07- Local Union 424, International Brotherhood of Electrical Workers and Electrical Contractors Association of Alberta, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 and Boilermaker Contractors Association of Alberta, Millwrights Machinery Erectors and Maintenance Union, Local 1460 of the United Brotherhood of Carpenters and Joiners of America and Construction Labour Relations, An Alberta Association,  United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local Union No. 496 and Construction Labour Relations, An Alberta Association - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-054

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17/07/07- Robert Melnychuk and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146, Warren Fraleigh, Dale Werner, Morgan Fedak, The Boilermaker Apprenticeship Administration Agency (Alberta) and Allan Belter - Formal Decision - Cite: [2007] Alta. L.R.B.R. 131

Unions – Discrimination – s. 26 and s. 152 – The Board dismissed the complaint on the basis it did not have jurisdiction over the respondent named in the complaint.  The respondent was neither a union nor was it so closely connected to the Union to be treated as one and the same or as acting on the Union’s behalf.

The Complainant accuses the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge 146 (the “Union”), the Boilermakers Apprenticeship Administration Agency (Alberta) (the “Agency”) and several representative of these organizations of breaching sections 26 and 152 of the Labour Relations Code (the “Code”).  The allegations arise from a six month suspension from dispatch for field work issued by the Agency following the termination of the Complainant’s employment.  The Complainant alleges the penalty was discriminatory within the meaning of section 152 and was imposed without him being accorded the due process rights mandated by section 26.

Even thought the Agency is not a trade union within the meaning of section 1 of the Code, the Complainant argues the Agency and the Union are so closely connected that the Board should view them as one entity.  The Union, the Agency and the individual respondents say the discipline imposed by the Agency does not fall within scope of either section 26 or 152 as the Agency is not a trade union and should not be treated as being so closely connected to the Union so as to treat it as one with the Union.

Held:  The Board dismissed the application.  Sections 26 and 152 only apply to trade unions.  The Agency is not a trade union within the definition of trade union found in the Code nor is the Agency so closely connected to the Union so to be treated as one and the same or as acting on each other’s behalf. Although the Agency and the Union have a relationship of close proximity, the facts demonstrate they function as separate entities. 

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06/07/07- Local Union 424, International Brotherhood of Electrical Workers and Electrical Contractors Association of Alberta, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 and Boilermaker Contractors Association of Alberta, Millwrights Machinery Erectors and Maintenance Union, Local 1460 of the United Brotherhood of Carpenters and Joiners of America and Construction Labour Relations, An Alberta Association,  United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local Union No. 496 and Construction Labour Relations, An Alberta Association - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-053

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03/07/07- United Nurses of Alberta, Local 168, Extendicare (Canada) Inc. and The Alberta Union of Provincial Employees  - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-052

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29/06/07- Local Union 424, International Brotherhood of Electrical Workers and Electrical Contractors Association of Alberta, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 and Boilermaker Contractors Association of Alberta, Millwrights Machinery Erectors and Maintenance Union, Local 1460 of the United Brotherhood of Carpenters and Joiners of America and Construction Labour Relations, An Alberta Association,  United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 and Construction Labour Relations, An Alberta Association, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local Union No. 496 and Construction Labour Relations, An Alberta Association - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-051

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22/06/07- Garry Halicki, Calgary Exhibition and Stampede Limited, Don Teare, Jouni Saarenoja and United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-050

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20/06/07- Construction Workers Union (CLAC), Local No. 63, Certain employees of Flint Facilities and Pipeline Inc. and Flint Facilities and Pipeline Inc. - Letter Decision - Cite: [2007] Alta. L.R.B.R. LD-049

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13/06/07- United Food and Commercial Workers Union, Local No. 401, Gateway Casinos G.P. Inc., Keith Dottin, Tom Hesse and Christine McMeckan  - Formal Decision - Cite: [2007] Alta. L.R.B.R. 112

Employers – Interference with Union - s. 148(1)(a)(ii) Bargaining in Bad Faith – s. 60 - The
Employer violated s. 148(1)(a)(ii) of the Code by maintaining a complete ban on the presence of Union staff representatives on the Casino floor and in the lunch room except for the purposes of servicing the bulletin board and by conducting extraordinary surveillance of Union staff representatives.  Maintaining these positions to the point of impasse also violated s. 60 of the Code.  The Employer did not violate the Code by bargaining something less than a private on site union office despite the fact the previous union enjoyed the right to such an office.  Nor did the Employer violate s. 60 by introducing a two-tier wage proposal late in the bargaining process.

The United Food and Commercial Workers Union, Local No. 401 (the “Union”) filed unfair labour practice complaints in relation to collective bargaining for a unit of employees employed by Gateway Casinos G.P. Inc. (the “Employer”).  The Union alleged the Employer   failed to bargain in good faith and make reasonable efforts to reach a collective agreement as is required by s.60 of the Code and interfered with the Union’s representation of employees contrary to s.148(1)(a)(ii).

Held:  The Employer violated s.148(1)(a)(ii) by conducting extraordinary surveillance of Union representatives on the Casino floor; by maintaining a complete ban on Union staff representatives from accessing the lunch room except for the purpose of services the bulletin board; and by comprehensively banning Union staff representatives from the Casino floor.  Maintaining the bans to the point of impasse also constituted a failure to bargain in good faith, contrary to s.60 of the Code.

The Employer did not violate the Code by maintaining its position with respect to a private on site union office.  Valid operational reasons were advanced for this position.  In addition, such a private union office is not essential to the Union’s ability to represent its members.  Nor did the Employer violate its duty to bargain in good faith by introducing a two-tier wage proposal at a late stage in the bargaining process.  The prohibition against late changes in bargaining is limited to the unjustified introduction of major new subjects into bargaining.  It does not preclude a party from proposing a significantly different approach to a known subject of bargaining in order to break an impass.  The proposal did not destroy the framework for bargaining nor was it intended to avoid a collective agreement.

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12/06/07-  Robert Melnychuk, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146, Warren Fraleigh, Dale Werner, Morgan Fedak, the Boilermaker Apprenticeship Administration Agency (Alberta) and Allan Belter and Kellogg Brown & Root (Canada) Company  - Letter Decision - Cite: [2007] Alta. L.R.B.R. 048

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11/06/07-  Brad Gignac, National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) Local No. 4001, Barry Kennedy, Doug Olshewski, Pat McLaughlin and Savage Alberta Railway Inc. - Letter Decision - Cite: [2007] Alta. L.R.B.R. 047

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11/06/07-  International Union of Painters and Allied Trades, Local No. 177, Certain employees of J.L. Arroyo Painting and Decorating Ltd., and J.L. Arroyo Painting and Decorating Ltd. - Letter Decision - Cite: [2007] Alta. L.R.B.R. 046

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07/06/07- International Association of Ma