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EllisDon wins in court but loses
Ontario’s government support as it seeks to
overcome 1958 Sarnia Working Agreement
Canadian Design and Construction Report staff writer
EllisDon’s efforts to prevent a 1958 local agreement
from tying the company to province-wide collective bar-
gaining with roofing, electrical and sheet-metal subcon-
tractors resulted in contradictory legal and political
decisions in late September and October.
The Ontario Divisional Court ruled in the company’s
favour, deciding on Sept. 27 that the unions could not
use the old local agreement to force the company to
work with union-only contractors outside of the Greater
Toronto Area.
However, that court decision caused premier Kathleen
Wynne to back off from her earlier support of a private
member’s bill that would legislate a permanent solution
to the issue. And the unions have said they will appeal
the court’s decision.
This leaves the company in a situation where it could
face constant legal battles before the OLRB and in the
courts affecting only its business and not its competi-
tors, says Tom Howell, EllisDon’s vice-president of labour
relations. “They’ve (the unions) already been back to the On-
tario Labour Relations Board (OLRB) trying to improperly
reargue the same points they failed to raise during the
judicial review,” Howell said. “This is not an anti-union
piece of legislation. We’re a proud union company. But
it’s an incredibly complex issue and that’s why it’s been
so hard to get the story out.”
On this issue, EllisDon has the support of two unions
not normally used to co-operating with each other, the
Carpenters’ Union and the Labourers International Union
of North America (LIUNA).
The Canadian Design and Construction Report — Fall 2013 – 23