Builders’ Unlawful Strike Application Dismissed – Orders and Declaration

However, the OLRB has directed that the Union post the following orders and declarations:

98. Accordingly I:

(a) declare that Labourers International Union North America, Local 183, the Masonry Council of Unions Toronto and Vicinity and Bricklayers, Masons Independent Union of Canada, Local 1 (hereinafter collectively “the Union”) has threatened an unlawful strike or committed acts the reasonable and probable consequence of which is others will engage in an unlawful strike contrary to sections 81 and 83 of the Labour Relations Act, 1995 (“the Act”) and, in particular, those employees (“the bricklayers”) covered by the collective agreement between the Union and the Masonry Contractors Association of Toronto (“MCAT”);

(b) declare that the Union has violated section 87(2) of the Act in that it sought to impose a penalty, and, in particular on Sorbara Homes, for participating in a proceeding under the Act, and, in particular, this unlawful strike application;

(c) order that the Union cease and desist from threatening or committing acts the reasonable and probable consequence of which are that others, in particular the bricklayers covered by the Union’s collective agreement with MCAT, will engage in an unlawful strike. This does not prevent the Union from filing any grievances pursuant to its collective agreement with MCAT or advising of its intention to actually do so;

(d) order that the Union cease and desist from penalizing or seeking to penalize anyone because they participated in the unlawful strike application;

(e) post a copy of these declarations and orders on all relevant notice boards (or equivalent locations) at its offices where this might come to the attention of the bricklayers, on its website, and provide copies on the Union’s letterhead to the Toronto Residential Construction Labour Bureau (“the Bureau”) and MCAT; and

(f) provide copies of these declarations and orders on its letterhead to all members of MCAT and the Bureau as well as all those bound to the Union’s collective agreements with the Bureau and MCAT, or (at the option of the Union) place a notice of appropriate size containing these declarations and the orders in the next two consecutive editions of the Daily Commercial

News within ten days of the date of this decision.

“Bernard Fishbein”
for the Board