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Bricklayers walking picket lines in the industrial, commercial, institutional (ICI) sector of Ontario’s construction industry are engaged in an unlawful strike.
Application brought forward by MIECO
BY GRANT CAMERON
STAFF WRITER
Bricklayers walking picket lines in the industrial, commercial, institutional (ICI) sector of Ontario’s construction industry are engaged in an unlawful strike.
That’s the bottom line in a ruling made last week by the Ontario Labour Relations Board.
David McKee, vice-chair of the board, arrived at the decision after hearing an application brought forward by the Masonry Industry Employers Council of Ontario (MIECO).
MIECO alleged in its labour board application that the Ontario Provincial Conference of the International Union of Bricklayers and Allied Workers (OPC) and the separate Brick and Allied Craft Union of Canada (BACU) were engaged in an unlawful strike, contrary to section 144 of the Labour Relations Act.
MIECO is the designated employer bargaining agency for masonry contractors bound by the provincial collective agreement with the bricklayers.
The OPC currently holds the bargaining rights for employees of the MIECO contractors.
The BACU, meanwhile, has brought an application for certification to represent bricklayers employed by MIECO contractors.
Those applications for certification are not yet complete. The next day for a hearing on that matter is scheduled for Aug. 13.
At that hearing, the labour board will deal with an argument by the OPC that the BACU is not entitled to certificates because it has become an affiliated bargaining agent of the Labourers International Union of North America (LIUNA).
In a four-page synopsis and ruling on the strike, McKee concluded that both the OPC and BACU have authorized and called an unlawful strike, contrary to the Labour Relations Act.
He ordered both groups to cease and desist from authorizing the strike.
McKee said he does not accept the BACU’s argument that it is entitled to execute a voluntary recognition agreement.
“Until the certification application is over, the bargaining rights are held by the OPC and the other affiliate bargaining agents.”
The reality, said McKee, is that there are still legal issues with respect to whether or not a certificate should be issued to the BACU.
Regarding the OPC, McKee said the strike is unlawful and remains unlawful until the OPC adopts one of two courses: it must either call the strike in respect of all employees represented by all affiliated bargaining agents in the ICI sector, or it must end the strike.
“It has no other options,” he said.
Local 7 of the OPC has refused to participate in the strike on the grounds that it is unlawful.
Spokesmen for the unions could not be reached for comment.
However, David Bannon, a lawyer representing MIECO, said the contractors are pleased with the outcome of the hearing.
“It shows the two unions are both engaged in an illegal strike,” he said, noting the decision doesn’t necessarily end the strike.
“The ruling has two options,” he said. “They can go back to work or all go on strike.”
The unionized bricklayers have been on strike since July 29. No further talks are scheduled between the two sides.
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