Document Type

Labour Relations Board Decision

Publication Date

12-6-1977

Keywords

Construction Industry Panel, Trade Union Act, Certification, Collective Agreement, Voluntary, Bargaining Unit

Abstract

APPLICATION having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on August 10, 1977, pursuant to Section 29(3) of the Trade Union Act, for an Order declaring that the Respondent, Willow Contracting Limited, is bound by Certification Orders L.R.B. No.'s 771 and 301 and by the voluntary recognition of the Applicant by the Respondent Municipal Spraying and Contracting Limited in the 1977 collective agreement between them and in preceding collective agreements, and for an Order declaring that Willow Contracting Limited is bound by the current collective agreement between Municipal Spraying and Contracting Limited and the Applicant, on the ground that Municipal Spraying and Contracting Limited has sold, leased, transferred or agreed to sell, lease or transfer its business or the operations thereof or part of either of them to Willow Contracting Limited, or on the ground that the Respondent Municipal Spraying and Contracting Limited has contracted out or agreed to contract out to Willow Contracting Limited work regularly done by its employees to avoid obligations under this Act, and Application pursuant to Section 26(1)(b) of the Trade Union Act for amendment of Certification Orders L.R.B. No.'s 771 and 301 and of voluntary recognition agreements made at times subsequent to L.R.B. No. 301 and contained in the collective agreement between the Applicant and Municipal Spraying and Contracting Limited dated January 5, 1977, and preceding collective agreements, to include in the description of the Bargaining Unit on behalf of which the Applicant has exclusive authority to bargain collectively. "all employees of the Respondent Willow Contracting Limited in the Province of Nova Scotia except those employees who are foremen or above the rank of foreman, office employees and those employees who are excluded by the Trade Union Act." on the ground that, under Section 20, the Labour Relations Board should treat the Respondents as one employer for the purpose of the Trade Union Act;

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