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Key Judgment Now On-line (click for link to BCLRB pdf) the BC Labour Board ruling that deemed the BC Provincial Council of Carpenters as the 'only' union appropriate for representing the carpenter craft in construction is now available for download and distribution.
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ANALYSIS AND DECISION (pages 11, 12 and 13)

- 11 - BCLRB No. B68/2005
36 This line of cases shows that there are two models for union certification in the construction industry. Moreover, principles of industrial stability are realized within the craft structure of bargaining by virtue of the unions bargaining together in a council. Thus, although many unions may be certified with one employer, the co-operation among them does not result in instability. This is because the Board and the parties have devised methods by which the construction unions can minimize jurisdictional disputes and rivalry. As can be seen from the foregoing, craft bargaining units in construction have received recognition as being appropriate despite a multiplicity of bargaining units with one Employer.

37 Conversely, where a union applies for an all-employee unit with a construction employer, that too has been found to be appropriate. Cicuto deals with the possible overlap of regimes in that to change from one or more craft certifications to an allemployee certification requires a majority of support in each bargaining unit. Globe Mechanical (1991) Ltd., supra, recognizes that unions that represent craft bargaining units may also represent "all-employee" units.

38 I have considered how these applications fit within the broader policy of the Code and the application of the third criteria in BC Place. I find that the broader policy implications here take precedence to the wishes of the employees demonstrated in the applications. As noted above, there are already 16 raid applications where either CFAW or CMAW seeks to be representative for the same employees. It is recognized that raids are inherently disruptive and accordingly the timing of them has been restricted in Section 19 of the Code. Also, construction industry bargaining has been the subject of many applications. See: Construction Labour Relations Association of British Columbia, BCLRB No. 322/2004 and BCLRB No. B50/2005. It would not assist in what is already difficult bargaining to have more than one entity represent the craft of carpentry. It is a further hindrance when the entities are rivals and have fundamental differences between them.

39 I also note that membership in CLRA is voluntary. Recently large construction employers have withdrawn from CLRA and the Board has seen cases where former CLRA members are now trying to resolve collective bargaining issues in new ways (see Farmer Construction Ltd. et al, BCLRB No. B217/2004). The traditional approaches do not appear to always present viable solutions.

40 While CFAW claims that actual industrial unrest is a prerequisite to the Board�s exercise of discretion, I disagree that the Board must wait for further and more extensive disruptions when it is clear that disruption in the form of raid campaigns and extensive litigation has already occurred. Equally, due to the existing rivalry, it is clear that it will be more difficult to negotiate the industry standard agreement and the members will be adversely affected while this dispute is resolved. More disruption than that is not necessary in order for the Board to legitimately consider the consequences of the orders sought by CFAW. The inevitable outcome of a determination that there can be more than one trade union that is pertaining to the craft of the carpenters' standard bargaining unit, would be to fan the flames of the ongoing rivalry between the two Carpenter factions.

- 12 - BCLRB No. B68/2005
41 Both Carpenters' factions are proceeding to deal with the new reality in their own way. The difficulty facing the Board in fulfillment of its duties under the Code is that their diverging approaches have already led to conflict and there is every indication that there will be an escalation of that conflict before peace can be restored. It is within the Board's mandate to ensure that relationships are managed to enhance industrial stability. Recognizing more than one bargaining agent for carpenters would not fulfill that mandate and would be contrary to the duties imposed in Section 2 (d) and (e) of the Code.

42 I find that as a matter of labour relations policy there should only be one union that qualifies to be certified as the one pertaining to the craft or skill of the standard carpenters' bargaining unit.

43 The next issue is, if there is to be one bargaining agent for the Carpenters' standard craft bargaining unit, who should that bargaining agent be? There are as many as four current contenders for that position. I return to the analysis in BC Place and find that the second criteria is a helpful guide. For ease of reference, I repeat the Board�s statement in that regard. It held that to belong to a union pertaining to the craft or skill: ... the applicant union must demonstrate not only a willingness to represent the group (such as stipulated jurisdiction in its constitution), but also the capacity to represent and promote the interests of the tradesmen: see Four Star Applicators (Calgary) Ltd., supra, at 19. Evidence of this capacity may come from the role played by the union in apprenticeship or other training programs; the existence of a hiring hall; the union's involvement in the implementation and administration of industry health and welfare plans; or, other similar steps designed to further the interests of craft members. (p. 15) (emphasis added)

44 CFAW has Local 1907 of the Carpenters as one of its constituents. Before leaving the Provincial Council, it was restricted to a geographic region and had, until recently, no members outside that region. As it is not a member of the Provincial Council, it has more restricted access to other members of the Provincial Council in order to meet its obligations to employers operating outside its immediate area. Local 1540, the other member of CFAW, is a Floorlayers' local and has no bargaining units with the standard carpenters' bargaining unit.

45 On the other hand, the Provincial Council has a long history of representing employees in the carpenters' standard craft bargaining units. It has been involved with the apprenticeship program. It is involved with both the pension and health and welfare programs. As a member of BCBCBTU, it has bargained provincial agreements with CLRA. Four Star recognized that history was an important factor in deciding which union should be designated as the one pertaining to the craft. That was also the case in Proflex. I find that the Provincial Council is the only appropriate bargaining agent for the Carpenters standard construction bargaining unit.

- 13 - BCLRB No. B68/2005
46 Finally, the question has been addressed by the parties of whether CMAW, a council consisting of the Provincial Council and CEP Local 470 can be a union pertaining to the craft or skill of the carpenters standard unit under Section 21 of the Code. That matter is still under consideration in Zero Downtime and related cases. Extensive submissions have been received. I will make that determination in those cases.

47 While CFAW will not be certified to represent craft bargaining units with the carpenters' standard description, nothing prevents it from attempting to certify allemployee units of construction employers as long as the requirements in Cicuto are met.

V. CONCLUSION

48 For those bargaining units where CFAW seeks to represent a unit of employees with the carpenters' standard craft bargaining unit description, I find that under Section 21 of the Code it is not a union pertaining to the craft or skill of carpentry. The applications are dismissed.

49 In Southgate Paint & Floor, (Case No. 52466) CFAW applies to be certified for a standard floorlayers' bargaining unit. Southgate has previously been listed as a party in this matter, however, most parties have focussed their submissions on the standard carpenters� construction unit and have not made significant submissions regarding floorlayers. Both CFAW and Provincial Council have floorlayer locals among their membership. The parties may make submissions on whether CFAW is an appropriate bargaining agent for floorlayers. CFAW's submissions are due by March 24, 2005. The Provincial Council and the intervenors may make submissions by March 31, 2005. Final reply from CFAW should be received by April 7, 2005.

LABOUR RELATIONS BOARD
CATHERINE R. McCREARY
VICE-CHAIR

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