Contractors fear labour chaos as former Universal Workers Union Local 183 boss Tony Dionisio seems set to raid his former organization and others as open season begins.
TORONTO
Contractors fear labour chaos as former Universal Workers Union Local 183 boss Tony Dionisio seems set to raid his former organization and others as open season begins.
With the three year collective agreement terms expiring April 30, the law allows for a three month “open season” starting today, concurrent with negotiations during which time a union may apply to represent workers.
For his part, Dioniso denies he has raids in mind, but evidence from other sources seems to indicate the fledgling Canadian Construction Workers Union (CCWU) is already moving in that direction.
“We’re not worried because we know the membership of Local 183 is disgusted at the former leadership and they have no intention of following such a despicable character,” said Joseph Mancinelli, Canadian general manager of the Laborers International Union of North America (LIUNA).
“We’ve had our ear to the ground with our members and we’re certain of that.”
He called Dionisio’s denials he was planning to raid Local 183 for members, “absurd.”
“He says he has no intentions of raiding but in front of the OLRB at least one of the companies already has agreements with other unions or did under their previous names and the law says there are successor rights” said Mancinelli.
Last Friday, the Ontario Labour Relations Board set March 19 as a hearing date into the CCWU’s attempts to certify as the union representing PBS General Contractors. While there are only three members of the bargaining unit, it’s a key test case which will establish whether the CCWU can become a bona fide union.
The United Brotherhood of Carpenters and Joiners says it already has a collective agreement in place with the predecessor companies, Target Drywall and Acoustics Ltd. which was sold to Tabrco Management Ltd. The Carpenters argue PBS is in fact the same business, “working out of the same premises, sharing telephone and facsimile numbers and have key persons in common.”
Two other companies the CCWU seeks to certify are closely linked to Dionisio, Mancinelli said, while there are also controversies around more applications.
Intervention applications by several others, including LIUNA Local 183, the Provincial Building and Construction Trades Council, the Ontario Pipe Trades Council, the IBEW Construction Council and the Central Ontario Building Trades, the Toronto and Area Road Builders Association, the Heavy Construction Association of Toronto, and the Ontario Masonry Contractors’ Association, were struck down by the OLRB last Friday.
"The big thing for us is to get status as a union."
Tony Dionisio
Union Organizer
The groups had sought status as amicus curiae — friends of the court — to offer “a broad perspective on relationships in the construction industry,” claiming the granting of status to the CCWU would have “an undesirable impact on the construction industry as a whole.”
In their briefs, they claimed the CCWU is not a trade union within the law and “there may be issues of improper employer support.”
In her ruling, May Ellen Cumming held the Formwork Council of Ontario may have some rights under the voluntary provisions of the law, but they remain unclear. She also ruled the Carpenters may be able to show succession rights and gave them time to produce more evidence of the three companies’ relationship.
“We’re concerned about the fragmentation of unions representing construction workers,” said Pat Dillon, of the Ontario Building Trades Council, arguing more voices ultimately means less focus.
“We really need a realignment of the unions representing construction workers.”
He said the backing of the Canadian Auto Workers (CAW) is similar to a move by the Ontario Power Workers Union in its attempts to raid IBEW a decade ago.
Dionisio, who was deposed by the parent LIUNA for wrongdoing and misappropriation of funds following a bitter battle last year at the OLRB, is building the new union with a $1 million loan from the CAW and the personal endorsement of leader Buzz Hargrove.
“The big thing for us is to get status as a union,” Dionsio said. “We’ve filed an application with the OLRB and there have been all kinds of intervenors and the board has already ruled against some of them.
“It could take another two or three weeks to get through this. We want to do this right.”
In the interim, Dionisio says he is meeting with other trade unions to assure them he has no intention of staging raids to bolster the ranks.
“I’ve met with the plumbers, the ironworkers and the electricians to assure them of that,” he said.
“And I’m trying to meet with others. We’re interested in organizing the unorganized, representing the unrepresented.”
But a memo sent to members of the Toronto Area Road Builders Association executive director Mike O’Conner clearly notes the CCWU is laying the groundwork for raids.
LIUNA
“They plan to visit jobsites during the raiding period beginning Feb. 1 to sign up workers,” the memo notes, adding the attraction to current Local 183 members and employer associations is that the Canadian union won’t be sending dues to the American parent in Washington.
The memo also says the new union will not have restrictive sub-contract clauses in its agreement so that bound companies will be able to sub-contract to 183 companies.
“(There’s a suggestion) Local 183’s insistence on negotiating a seniority call-up arrangement during this round of negotiations will create chaos for both the companies and the workers,” warns the memo. “The new union says it will maintain the status quo.”
O’Connor says the spectre of raiding has his members concerned.
“Usually we wouldn’t take sides in union matters,” said O’Connor. “And as much as I admire and respect Tony and what he did with Local 183, this is a threat to our industry. We’re heading into negotiations and we can’t be looking around the corner and over our shoulders to worry about what else is going on.”
“In the last few weeks, many, many people in this industry have approached me saying they have been approached by Dionisio and his gang, meeting with them and telling them that this is a top down organization and openly telling them they are going to raid,” fumed Mancinelli.
“He says it will be cheaper than now because the dues aren’t going to the parent, but that’s only $14 a month. They set up the current system which is three per cent of wages a month, and that’s excessive.
“But it was their system. They did it to build up a war chest.”
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