 |
||
|
INFORMATION BULLETIN |
#12 REGISTRATION IN THE
CONSTRUCTION INDUSTRY
I. INTRODUCTION
The Labour Relations Code allows construction employers to form employers' organizations to bargain on their behalf with the construction trade unions. See: Sections 166 to 179.
An
employers' organization can apply to the Labour Relations Board for a
registration certificate. Registration gives the employers' organization
authority to bargain collectively on behalf of the affected employers.
Applicants must use a Board form when applying for
registration.
This
Bulletin describes the filing requirements and time limits for such
applications. It also outlines the Board's policies and procedures for handling
registration applications.
II. DEFINITION OF CONSTRUCTION
The Labour Relations Code defines construction in Section 1(g). This definition reads:
1(g) "construction" includes construction, alteration, decoration, restoration or demolition of buildings, structures, roads, sewers, water or gas mains, pipelines, dams, tunnels, bridges, railways, canals or other works, but does not include
(i) supplying, shipping or
otherwise transporting supplies and materials or other products to or delivery
at a construction project, or
(ii) maintenance
work;
III. PART OF THE CONSTRUCTION INDUSTRY
An employers' organization can apply for a registration certificate for a "part of the construction industry". There are four factors involved in a part of the industry. See: Sections 166, 163(2)(b).
Province-Wide Scope
Each part
of the industry applied for must be province-wide. See:
Section
171(2).
Sectors
The Code limits the part to a sector of the industry. A sector is a portion of the
construction industry defined by the type of construction activity performed.
The Lieutenant-Governor in Council establishes these sectors through
regulations. There are currently four sectors:
·
Pipeline Construction
·
Roadbuilding and Heavy Construction
·
General Construction
·
Specialty Construction
See: Sections 163(2)(c) (3),
208(1); Construction
Industry Labour Relations Regulation.
Trade Jurisdiction
A trade
jurisdiction means a type of construction work, like plumbing or carpentry.
Trade jurisdictions customarily reflect the types of categories used in the
apprenticeship program. They also largely reflect the definitions used by the
building trade unions to define which union has authority to represent which
workers. See: Sections 163(2)(d), 208(1); Construction
Industry Labour Relations Regulation.
Group of Trade Unions
While
registrations are province-wide, trade unions are often regional. The Labour Relations Code allows
more than one trade union to be grouped together for the purposes of one
registration application or certificate. This group of trade unions will often
consist of several locals of one building trade union. See:
Sections
163(2)(a), 172;
Construction
Industry Labour Relations Regulation.
An example of how a registration certificate may read is,
“All employers in the
IV. THE APPLICATION
Timing of the
Application
The Code sets out three circumstances that may impose time limits on employers'
organizations applying for registration.
These include filing of constitutional documents, existing collective
bargaining relationships and seasonal factors.
a) Constitutional
Filing
An
employers' organization applying for registration must file its constitutional
documents at least 60 days before it applies for registration. See:
Sections 164,
170(1).
In special cases, the Board can reduce this period. However, the employers' organization must apply for this reduction before it applies for registration.
b) Existing Collective
Bargaining Relationships
An
employers' organization may apply for registration at any time except:
·
when the majority of the employers affected by
the application and the trade union or trade unions named in the application are
bargaining collectively, or
·
in the ten-month period preceding the end of
the term of the collective agreement between the trade union(s) and the majority
of employers affected by the application.
See: Section
170(2).
c) Seasonal
Factors
An
employers' organization should consider seasonal factors when applying to be a
registered employers' organization.
The Board may refuse an application if it considers the application
untimely given how these factors affect the work related to the part of the
construction industry. See: Section
170(3).
Form of the
Application
An
application for registration must include:
·
the legal name, mailing address and telephone
number of the applicant employers' organization,
·
the name, mailing address and telephone number
of the applicant's contact person,
·
the full names, mailing addresses and telephone
numbers of the trade unions the applicant seeks to have within the scope of the
registration,
·
a description of the part of the construction
industry for which it seeks registration,
·
a description of the trade jurisdiction applied
for,
·
evidence of 40% support of the employers
engaged in that part of the industry it wishes to represent. These employers must have a bargaining
relationship with one or more of the trade unions named in the
application,
·
the section of the Code relied upon,
and
·
a statement of the result desired (i.e., the
granting of a registration certificate for part of the construction industry).
·
a statement in the form prescribed by the Board
confirming the application has been served on any parties known to be affected
or subsequently added by the Board.
See: Rules of
Procedure, Rules 5.1, 6.
V. PROCESSING OF THE APPLICATION
The Board processes the application according to the principles and procedures in Information Bulletin 2.
When the Board receives an application, the Director of Settlement may appoint an Officer to investigate. The Officer begins by reviewing the status of the employers' organization and the timeliness of the application. See: Sections 16(4)(a), 13; Rules of Procedure, Rule 22(1)(g); Bulletins 2, 3.
Employees may receive notice of the application by a Notice to Employers and Employees posted at the work sites. The Officer directs the employer or union or other person to post the notice. The notice tells employers and employees about the procedures and time limits for filing objections. See: Section 13(1)(e); Rules of Procedure, Rule 14; Voting Rules, Rule 8(c).
Trade Union(s)
Response
The Officer
seeks information from the trade union(s) named by the applicant for
registration about:
·
their legal name, local number, mailing
address, and telephone number,
·
a contact person and telephone
number,
·
which employers in the part of the industry for
which registration is being sought the trade union has a collective bargaining
relationship with, whether by certification or by voluntary recognition. See:
Section
169(3); Voting Rules,
Rule 8(h).
Individual Employer
Response
The Officer
seeks information from the employers who might be affected by the registration
application, about:
·
their legal name, mailing address, and
telephone number,
·
a contact person and telephone
number,
·
the trade union(s) with which the employer has
a collective bargaining relationship, whether by certification or by voluntary
recognition, and whether or not the employer operates in the part of the
industry claimed by the applicant.
See: Voting Rules,
Rule 8(h).
The Officer's Report
The
Officer, employers' organization and unions discuss which employers are in or
out of the scope of the proposed registration certificate. They review the
method and times suitable for voting should a vote be
needed.
At the end
of the investigation, the Officer completes a report and gives it to the
parties. See: Bulletin
3.
The report
includes:
·
a recommendation about the status of the
employers' organization,
·
a summary of employer
support,
·
a list of employers in the part of the
industry,
·
a recommendation about the appropriate part of
the construction industry for registration,
·
a recommendation about the appropriateness of
grouping the trade unions under one registration certificate for collective
bargaining, and
·
a recommendation on which employers are
included or excluded from the part of the industry, if such a determination
might affect the 40% support.
The Officer
communicates the contents of the report by written notice to all the
parties.
If not
previously scheduled, the Director of Settlement may schedule a
hearing.
Objections To The
Report
An
objecting party should communicate its objections to all parties, including the
Board, before the hearing.
The Board requires that objections be clear, specific and detailed. General objections are not normally acceptable.
If the
Board receives no objections, it processes the application relying on the
Officer's report. It confirms the
date of the representation vote if there is 40% support of
employers.
On the
hearing date, the Board hears any objections. The Board will normally rely upon the
facts set out in the officer's report unless an objecting party introduces
further evidence. See: Rules of
Procedure, Rule 26.
The Hearing
At the
hearing, the Board decides:
·
if the applicant is an employers' organization
under the Code,
·
the appropriate part of the industry for
collective bargaining purposes,
·
which employers come within or are excluded
from the part of the construction industry,
·
if there is evidence of 40%
support,
·
the appropriate trade
jurisdiction,
·
the appropriateness of grouping the individual
trade unions in the registration certificate, with regard to the province-wide
nature of bargaining, trade union affiliation, and the ability of the trade
unions to bargain and administer a collective agreement as a
group.
·
the date, place and times of the representation
vote, and
·
if there are any prohibitions to the
registration under section 174.
See: Section 168.
If the Board is satisfied, after a hearing, that the applicant has 40% support of employers in the part of the industry applied for, it conducts a representation vote.
The Vote
The Officer
gives the employers notice of the vote.
The Board has both Voting Rules and procedures for representation votes which apply to this process. See: Voting Rules, Part II.
The Returning Officer counts the vote and advises the Board.
If there are no disputed ballots, the Returning Officer directly advises the parties of the results.
The Board notifies all parties of the success or failure of the application.
The Registration
Certificate
The Board
issues the certificates to the employers' organization and trade unions. Each trade union and the employers'
organization receive original copies.
The Board retains a copy.
See: Section
175.
The
information on the certificate includes:
·
the legal name of the employers'
organization,
·
the name of the trade union(s) with which the
registered employers' organization may bargain
collectively,
·
the part of the industry,
and
·
the date of registration.
Sections 176 and 178 of the Labour Relations Code set out the effect of registration.
Section 176 of the Code reads:
176(1) On the issuance of a registration certificate the employers' organization named in it becomes a registered employers' organization and has exclusive authority to bargain collectively with the group of trade unions named in the registration certification on behalf of
(a) all employers actually or customarily engaged in the part of the construction industry set out in the registration certificate with whom any of the trade unions in the group of trade unions has established or subsequently establishes, the right of collective bargaining, and
(b) any other employer actually or customarily engaged in the part of the construction industry who is party to an agreement, notwithstanding anything in that agreement, that provides that the employer shall comply with any of the terms of a collective agreement entered into by any of the trade unions in the group of trade unions in respect of work in the part of the construction industry set out in the registration certificate, but only while that agreement to comply remains in force.(2) Subsection (1) applies to employers only to the extent of their collective bargaining obligations with a trade union.
Section 178 reads:
178(1) When a registered employers' organization and a group of trade unions enter into a collective agreement, the collective agreement is binding on
(a) the employers referred to in section 176,
(b) the employees of the employers referred to in clause (a),
(c) the registered employers' organization insofar as the terms and conditions of the collective agreement apply to it, and
(d) the group of trade unions and each trade union within the group
These
sections provide that a registered employers' organization has authority to
bargain for affected employers. Affected employers are those who have a
bargaining relationship with one or more of the trade unions grouped together
for the purposes of the registration certificate. Any collective agreement
between the registered employers' organization and the trade union binds the
employer to the extent of its bargaining relationships with the trade unions
concerned.
REGISTRATION CERTIFICATES - CONSTRUCTION INDUSTRY |
|||
| Registration Certificate |
Trade Jurisdiction | Registered Employers' Organization | Trade Unions Affected |
| 1) All registrations in the Pipeline Construction Sector are consolidated. | |||
| Cert. #1 | Teamsters | Pipe Line Contractors Association of Canada | General Teamsters, Local 362 |
| Cert. #2 | Operating Engineers | Pipe Line Contractors Association of Canada | International Union of Operating Engineers, Local 955 |
| Cert. #56 | Labourers | Pipe Line Contractors Association of Canada | Construction and General Workers’, Local 92 and Construction and Specialized Workers, Local 1111 |
| Cert. #4 | Plumbers | Pipe Line Contractors Association of Canada | United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 |
| 2) The single registration in the Roadbuilding and Heavy Construction Sector is consolidated. | |||
| Cert. #5 | Operating Engineers | Alberta Roadbuilders & Heavy Construction Association | International Union of Operating Engineers, Local 955 |
| 3) The following registration in the Specialty Construction Sector is consolidated. | |||
| Cert. #6 | Non Destructive Testing Workers | NDT Management Association | International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Lodge 146; and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 and Local 496 Operating as the Quality Control Council of Canada |
| 4.) The following registration in the Specialty Construction Sector is consolidated. | |||
| Cert. #46 | Crane Rental | Alberta Crane Owners’ Association | International Union of Operating Engineers, Local 955 |
| 5) The following registrations in the General Construction Sector are consolidated (Group 1). | |||
| Cert. #7 | Boilermakers | Boilermaker Contractors Association of Alberta | International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Lodge 146 |
| Cert. #52 | Electricians | Electrical Contractors Association of Alberta | Local Union 424, International Brotherhood of Electrical Workers |
| Cert. #18 | Sheet Metal | CLRa - Sheet Metal (Provincial) Trade Division | Sheet Metal Workers’ International Association, Local 8 |
| Cert. #19 | Sprinkler Fitters | Canadian Automatic Sprinkler Association | United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 496 |
| Cert. #24 | Operating Engineers | CLRa - Operating Engineers (Provincial) Trade Division | International Union of Operating Engineers, Local 955 |
| Cert. #27 | Plumbers | CLRa - Mechanical (Provincial) Trade Division | United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 179 and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 496 |
| Cert. #28 | Refrigeration Mechanics | CLRa - Refrigeration (Provincial) Trade Division | United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 |
| Cert. #29 | Elevator Constructors | CLRa - Elevator Constructors (Provincial) Trade Division | International Union of Elevator Constructors, Local 122 and International Union of Elevator Constructors, Local 130 |
| Cert. #48 | Structural - Ironworkers | CLRa - Ironworkers – Structural (Provincial) Trade Division | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local Union No. 720 and International Association of Bridge, Structural and Ornamental Ironworkers, Local Union No. 725 |
| Cert. #49 | Millwrights | CLRa - Millwrights (Provincial) Trade Division | Millwrights, Machinery Erectors and Maintenance Union Local 1460 of the United Brotherhood of Carpenters and Joiners of America |
| 6. The following registrations in the General Construction Sector are Consolidated (Group 2) | |||
| Cert. #9 | Insulators | CLRa - Insulators (Provincial) Trade Division | International Association of Heat and Frost Insulators and Asbestos Workers, Local 110 |
| Cert. #13 | Sheeters, Cladders and Deckers | CLRa - Sheeters, Cladders and Deckers (Provincial) Trade Division | Sheet Metal Workers’ International Association, Local 8 |
| Cert. #60 | Bricklayers - Refractory | CLRa - Bricklayers (Provincial) Trade Division | International Union of Bricklayers and Allied Craftworkers, Local Union No. 1, Alberta and International Union of Bricklayers and Allied Craftworkers, Local Union No. 2, Alberta |
| Cert. #58 | Painters | Alberta Coating Contractors Association | International Union of Painters and Allied Trades, Local 177 |
| Cert. #55 | Glass Workers | Glass Employers Association of Alberta | International Union of Painters and Allied Trades, Local 177 |
| Cert. #44 | Plasterers | Alberta Wall & Ceiling Bureau | Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local 222 |
| Cert. #62 | Tile Setters | Granite Marble Tile & Terrazzo Union Contractor’s Association of Alberta | International Union of Bricklayers and Allied Craftworkers, Local Union No. 4, Alberta |
| Cert. #50 | ISM/Lathers | CLRa – Interior Systems Mechanics/Lathers (Provincial) Trade Division | United Brotherhood of Carpenters and Joiners of America, Locals 1325 and 2103 |
| 7. The following registrations in the General Construction Sector are Consolidated (Group 3) | |||
| Cert. #57 | Labourers | CLRa- Labourers (Provincial) Trade Division | Construction and General Workers, Local 92 and Construction and Specialized Workers, Local 1111 |
| Cert. #61 | Bricklayers - Masonry | Masonry Contractors Association of Alberta | International Union of Bricklayers and Allied Craftworkers, Local Union No. 1, Alberta and International Union of Bricklayers and Allied Craftworkers, Local Union No. 2, Alberta |
| Cert. #25 | Teamsters | Industrial Contractors’ Association of Alberta | General Teamsters, Local 362 |
| Cert. #59 | Roofers | CLRa- Roofers (Provincial) Trade Division | Construction and General Workers, Local 92; Sheet Metal Workers’ International Association, Local 8; United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325 |
| Cert. #43 | Cement Masons | CLRa - Cement Masons (Provincial) Trade Division | Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local 222 |
| Cert. #47 | Reinforcing - Ironworkers | CLRa - Ironworkers – Reinforcing (Provincial) Trade Division | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 720 and International Association of Bridge, Structural and Ornamental Ironworkers, Local 725 |
| Cert. #51 | Carpenters | CLRa - Carpenters (Provincial) Trade Division | United Brotherhood of Carpenters and Joiners of America, Locals 1325 and 2103 |
See also:
Information Bulletins 1, 3, 4, 7, 13 and
14
Rules of Procedure
Voting Rules
For further information or answers to any questions regarding this or any other Information Bulletin please contact:
Director of Settlement
Labour Relations Board
501, 10808 99 Avenue
Telephone: (780)
422-5926
Manager of Settlement
Labour Relations Board
308, 1212 31 Avenue NE
Telephone: (403)
297-4334
Email: alrbinfo@gov.ab.ca
Website: alrb.gov.ab.ca