Board Upholds Right To Enforce Bricklaying Collective Agreement but Finds MCUTV Unions Caused an Unlawful Strike for a Few Hours
In a decision released July 21, 2022 the Ontario Labour Relations Board (“the Board”) found that the MCUTV had threated, and caused an unlawful strike on the afternoon of January 11, 2022. The Board found an unlawful strike on the basis that one of Limen’s bricklaying crews left a job after a union representative had gone on site and spoke to the crew. As a result of events that day we have been directed to post a copy of the decision which includes the Board’s orders and remedial declarations.
In the rest of the decision that Board reaffirmed, now for the third time, the right of the MCUTV to grieve under LOU No. 8. The Board recognized that masonry contractors had the right to deploy their work forces as they direct, and to redeploy their work forces to avoid liability under any LOU No. 8 grievances.
In this case the Limen Group moved their masonry crews from Ellis Don and Westbank jobs to other sites. This was in response to a grievance brought by the MCUTV. The Board found both the movement of crews and the bringing of the grievance was lawful. Only the events of January 11, 2022 were found to have been in violation of the Act.
A copy of the decision is attached. The Board’s orders and declarations are set out in paragraph 86 (page 25/26).