Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Jouners of America, v Global Spectrum Facility Management Limited and/or Budweiser Gardens and/or Spectra Venue Management

OLRB Decision dated October 29, 2019

In this decision, the Ontario Labour Relations Board considered a construction industry certification filed by the Carpenters for a bargaining unit of carpenters and carpenters’ apprentices employed by the Responding Party in the ICI sector province-wise and all non-ICI sectors in Board Area 3.

IATSE Local 105 sought to intervene on the basis that it has a collective agreement with the responding party that it says covers the work performed on the application date. The Carpenters objected to the intervention and took the position that the work performed on the date of application involved the installation of new arena board and protective glass system. The Responding Party took the position this was not construction work.

The Board denied IATSE’s intervention on the basis it did not have a direct legal interest in the application. The Board noted that IATSE did not have overlapping members relevant to this application, nor did it assert construction work is covered by its collective agreement. The board stated that in order for a party to have the right to intervene in a certification proceeding before the Board where that party is not itself a named party and one of the named parties challenges the proposed intervention, the Board requires the proposed intervenor to demonstrate that the result of the application may affect its legal interest.

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English (Canada)