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By Josh Coles

Just like a good day at work, some things are coming easier to the BC Carpenters Union.

On February 6 the BC Labour Relations Board made a short simple, but powerful, ruling*(PDF) that frees the BC Provincial Council of Carpenters and its Local Unions from referring to the "United Brotherhood of Carpenters and Joiners of America" in its bargaining arrangements with employers.

The case involves the BC Millwrights Union Local 2736, an affiliate of the BCPCC and UBCJA, who are in the process of legally clarifying the scope of work they perform with some employers.

When the Millwrights applied to change the bargaining unit description for KB Industrial Mechanical Ltd., �the employer objected to the application because it did not make any reference to the Millwright local still being charter members of the UBCJA.�

After a hearing and consideration on the matter, the BCLRB overruled the employer and granted the application to proceed without any reference to the UBCJA. The BCLRB ruled that "the objections raised by the employer have more to do with internal union matters and not with the bargaining relationship." The decision went on to say that "Local 2736 [the Millwrights] is a valid British Columbia trade union entitled to represent its members employed at the employer."

In short, the BCPCC and/or its Local Unions need not mark themselves as part of the UBCJA.

This is another spike in the long railroad that the BC Carpenters Union have been traveling on in our battle for independence from the UBCJA.

Our union's autonomy movement picked up steam in 1996 when the UBCJA General President, Doug McCarron, demanded arbitrary internal union restructuring that amounted to nothing more than a centralization of union power from BC to Washington DC.

Since 1996, BC members have voted for autonomy from UBCJA in numerous referendums and elections. Last year members voted over 82% to join a Canadian union that supports the political and operational independence of the BCPCC.�

The February 6 BCLRB ruling flows from previous decisions at the BCLRB that have established the UBCJA simply as a club that the BCPCC and its members belong to.

In BC, carpenters, millwrights, lathers, school board employees and others workers are legally represented by the BCPCC and its various affiliated Local Unions. In BC, the UBCJA is not a legally recognized union and as such it cannot hold any union certifications or bargain any collective agreements.

Other BCLRB rulings, and a groundbreaking BC Supreme Court decision, have also said the UBCJA constitution does not overrule the BCPCC constitution and bylaws, which were recently approved by members in a province-wide referendum in 2002. Our constitution is the "labour relations" constitution governing union business in BC. The International's Green Book has been trumped by our Red Book. The UBCJA's name has been replaced by the BC Provincial Council of Carpenters.

To date the International has issued no response to this latest court victory for Canadian autonomy.

All members of the BCPCC owe many thanks to the BC Millwrights Local 2736 for their perseverance and solidarity.


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* III. DECISION 4 The Employer states that it objects to the application because the application does not make any reference to Local 2736 still being charter members of the Carpenters� International Union. In response, the Council notes that the International Union does not qualify under the status of �trade union� as defined in the Code. The Employer then made an unsolicited submission that although it expressed concerns about its future relationship with Local 2736, did not make any further objections to the application.


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Q - Am I correct that under your direction the International petitioned the United States government to impose those duties on Canada?
A - Um, you know, I don't recall that, but I do recall -- we wanted to keep the quota system in -- in effect that was -- that -- we wanted to extend that quota system. And then -- I'm not sure what happened with the government, with the trade representatives. It got -- and industry, it got all discombobbled. But our focus was to extend those quotas on because we thought it helped everybody involved. But that didn't get done.
Q - You know it has had a devastating effect on this province?
A - I do know that. I do know that.
Q - Yeah. And let me go back to my original question.�It was -- am I correct that under your direction the International petitioned the United States government to impose those duties on Canada?
A - You know, I don't recall that. I don't recall that. That means that -- you know, I don't know what the legislative office ended up doing. But I know my direction was let's try to extend what we've got now.
Q - Okay. I take it if you had a look at the petition it would refresh your memory and you could tell Your Ladyship whether or not the International petitioned the United States government?
A - I don't know that. I don't know.
Q - If you looked at the petition and it said one of the petitioners was the International, that still wouldn't help you?
A - I guess that would help me.

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