February 20, 2008

Counsel defends Canadian Construction Workers Union’s trade-union status

January 29 decision helps clarify earlier Ontario Labour Relations Board ruling

VINCE VERSACE

staff writer

The Canadian Construction Workers Union is a trade union despite an Ontario Labour Relations Board decision which found that it was not a construction industry trade union in April 2007, states the union’s counsel.

Barry Chercover, CCWU’s counsel, notes that in the Jan. 29 board ruling the CCWU is in fact recognized as a trade union by the board.

However, the board found that the CCWU did not become a trade union “that pertains to the construction industry” as of April, 30, 2007, the date on the applications the board was recently ruling on.

The board recently threw out the CCWU’s three voluntary recognition agreements in its Jan. 29 ruling. Two of the CCWU’s voluntary recognition agreements were from one-person companies of which neither was construction employers.

“Since such [trade union] status is necessary to bring an application for certification in the construction industry, such as these applications, the applications are dismissed,” the Board stated.

The board also concluded that if the CCWU attempts to prove it does have trade union status under another application it will be prepared to do hear that argument at that time. Chercover confirms there are applications before the board at this time.

Labourers’ International Union of North America Local 183 has called on the Canadian Auto Workers union to break off its association with CCWU in light of the recent board decision.

Local 183 says the CCWU-CAW partnership is an effort to create “a front organization that would give the Autoworkers a backdoor entry” into the construction industry.

CAW made a $5 million loan over four years last summer to the CCWU to help it promote organizing efforts.

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