Court upholds position of EllisDon; Quashes OLRB decision; Rejects disputed Sarnia Working Agreement
MISSISSAUGA, ON, Sept. 30, 2013 /CNW/ - The importance of the Ontario Legislature passing Bill 74 was highlighted Friday when an Ontario Divisional Court ruling overturned a February 2012 decision of the Ontario Labour Relations Board (OLRB) and rejected a disputed 1958 Sarnia working agreement that would have undermined EllisDon's ability to compete outside Toronto.
As a result of an OLRB decision released on February 13, 2012, EllisDon had faced a significant and unfair competitive disadvantage in bidding for industrial, commercial and institutional (ICI) contracts outside of Toronto. EllisDon is the only company immediately impacted by the loophole in construction law, and the company has been advocating maintaining the status-quo so that it would not be placed at a competitive disadvantage when the OLRB's ruling was scheduled to take effect in February, 2014.
"The Court's decision is a vindication of EllisDon's position regarding the unfairness of the situation we're facing. The case for passing Bill 74 in order to maintain the status-quo and a fair competitive market in the construction industry is stronger than ever," said Tom Howell, Vice President, Labour Relations, EllisDon Corporation. "While the Court's clear judgment in favour of EllisDon is a welcome development, its decision underscores the legitimacy of Bill 74, which would remove any uncertainty and settle this issue permanently, ensuring that EllisDon is never placed in such a position again. The legislature should have no difficulty enacting legislation that was contemplated by the OLRB and is consistent with the Court's decision."
Howell added: "EllisDon has a long history of being a company that regularly uses large numbers of unionized sub-trades and tradespeople on its projects. Without Bill 74, the company's ability to compete against foreign and non-union construction firms who rely heavily on non-unionized workers remains in question."
EllisDon is an employee-owned company that completes in excess of $3.1 billion in new construction annually and delivers construction expertise to clients throughout the world. The company offers not only construction and project management services but now a growing range of construction services in risk management, sustainability and technology. For more information, please visit www.ellisdon.com.
SOURCE: EllisDon Corporation
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