To Interested Parties Re: Teamsters Local Union No. 213 -and- BelPacific Excavating and Shoring, Limited Partnership -and- Bel Construction Ltd. -andPacific Blasting & Demolition Ltd. (Section 35 – Case No. 34106)
J.B. Hall
Judgment: June 16, 2000
Docket: B242/2000
Counsel: Teamsters Local Union No. 213 490 East Broadway Vancouver BC V5T 1X3 Attention: Gary West (for the Teamsters)
Gowling, Strathy & Henderson Bentall IV, 2414 – 1055 Dunsmuir Street PO Box 49122, Stn Bentall Centre Vancouver BC V7X 1J1 Attention: Barry Dong (for Bel Construction Ltd.)
Ib Petersen Barrister & Solicitor 1300 – 808 Nelson Street Box 12155 Vancouver, B.C. V6Z 2H2 Attention: lb Petersen (for certain former Pacific Blasting dependent contractors)
David Stevenson SS #2, Site 4, Comp 15 Kamloops BC V2C 6C3 Attention: David Stevenson (for certain former Bel Construction dependent contractors)
Eddy Moore Trucking 4989 – 240th Street Langley BC V3A 4R1 Attention: Eddy Moore (for himself and James Prowal)
Stewart, Aulinger & Company Barristers and Solicitors 1200-805 West Broadway Vancouver BC V5Z 1K1 Attention: David Moonje (for Jessy Walia and Tony Walia)
Taylor Jordan Chafetz Barristers & Solicitors Suite 1010 – 777 Hornby Street Vancouver, B.C. V6Z 1S4 Attention: Don Jordan (for Gary Haselar)
Ogilvy Renault 800 Park Place, 666 Burrard Street Vancouver BC V6C 3P3 Attention: Julie Platz (for CLRA and BelPacific Excavating & Shoring, Limited Partnership)
JOHN B. HALL:
(i) Nature of Application
1 John B. Hall, Vice-Chair
1 My most recent letter of May 31, 2000 indicated I would attempt to make a decision regarding the placement of individuals who dispute their own position on the Block Dispatch List prior to the scheduled hearing dates of July 8, 9, 10 and 14, 2000. I have since had an opportunity to review the information submitted by various individuals (for a complete list, see my prior letter of April 17, 2000). The determinations set out below are based on the information submitted, as well as other material in the Repository.
Parmjit Singh Deo
2 Mr. Parmjit Deo says he started working in February 1991 (as opposed to February 1993) and should be No. 11 instead of No. 28 on the List.
3 As noted in my letter of April 17, I had no paycheque stubs or other information from Mr. Deo to support his request for a change; nor have I subsequently been provided with any documentation. I have also reviewed the “spreadsheet” submitted by several individuals (I understand this was prepared by the Union when a seniority list was originally developed for Be] Construction). There are no hours recorded on the spreadsheet for Mr. Deo during either 1991 or 1992. Thus, on the basis of the information currently before me, I decline Mr. Deo’s request to change his position on the Block Dispatch List.
Tarlochan Singh
4 Mr. Singh says he started with Be] Construction in August 1989 (and not January 1990). He also believes he should be placed ahead of Sharon Dhaliwal as per the old Bel Construction list.
5 The payroll information submitted by Mr. Singh reflects the hours recorded for him on the spreadsheet. While he worked 37 hours in August 1989 and 36.75 hours in October 1989, he did not work a significant number of hours each month on a regular basis until at least January 1990. Accordingly, he did not become a “dependent contractor” at Be] Construction until that time. I am satisfied that Mr. Singh has been given the appropriate start date on the Block Dispatch List.
6 More problematic is Mr. Dhaliwal’s placement on the List in relation to Mr. Singh. The spreadsheet indicates that Mr. Dhaliwal did not work for Be[ Construction until March 1991. He was previously No. 20 on the Be] Construction list, behind Messrs. Gisby, Jhutty and Singh who all began working on a regular basis in January 1990. For some reason, Mr. Dhaliwal has also been given a start date of January 1990. However, unless he is able to provide an explanation, it appears he should be given a start date of March 1991 and placed after Mr. Singh on the final Block Dispatch List. Should Mr. Dhaliwal dispute this change, he must provide me with the necessary information on or before Friday, June 30, 2000.
Gurjit Selkhon
7 Mr. Selkhon says his start date should be April 1989 (and not April 1991 as shown on the List). He has provided “Rental Tickets” for April and May 1989.
8 The Rental Tickets indicate Mr. Sekhon worked about 81 hours during April 1989 and even more hours during May 1989. The next Rental Tickets he has provided are for a total of nine hours during October 1989. None of these hours are recorded on the spreadsheet, although it shows a limited number of hours for Mr. Sekhon in December 1989, as well as hours during 1990 in February (67 hours), March (67 hours), June (8 hours), July (3 hours), and August (55 hours). Mr. Sekhon indicates this was followed by a lengthy holiday to India. Hours are then recorded on the spreadsheet for 1991, beginning with March (29 hours), April (116 hours) and continuing through until August when he again went on vacation. Mr. Selkhon returned and worked steadily throughout 1992.
9 Thus, although Mr. Sekhon did work for Bel Construction during 1989, he first began working a significant number of hours on a regular basis in March 1991. He accordingly became a “dependent contractor” at that time and this should be reflected by his start date on the Block Dispatch List.
10 In reviewing Mr. Selkhon’s situation, I have discovered two different dispatch lists for BelPacific. One has Mr. Sekhon in the No. 19 position with a start date of March 1991 and Mr. Gurmit (sic) Nahal in the No. 20 position with a start date of April 1991. Another list has their order and start dates reversed. The latter was used to generate the Block Dispatch List sent under cover of my letter dated March 14, 2000 (other documentation now on file also suggests that it is Gurjit and not Gurmit Nahal).
11 As indicated above, the spreadsheet indicates that Mr. Sekhon first began working a significant number of hours on a regular basis in March 1991. The spreadsheet indicates that Mr. Nahal first began working for Bel Construction in April 1991 and continued through until September 1991 (i.e., about the time Mr. Sekhon went on vacation) when he only worked seven hours. During the period March through August 1991, Mr. Sekhon regularly worked more hours than Mr. Nahal. Finally, I note that the former seniority list for Bel Construction had Mr. Nahal ahead of Mr. Sekhon.
12 In short, the spreadsheet suggests that Mr. Sekhon should have a start date of March 1991 and be placed ahead of Mr. Nahal who should have a start date of April 1991. The Union is directed to advise me whether this is accurate and, should it believe the order should be reversed (i.e., Mr. Nahal should be placed ahead of Mr. Sekhon) provide an explanation in writing prior to the hearing.
Tajinderpal Singh Bains
13 Mr. Bains contends he has worked for Be] Construction since September 5, 1995 but his name is not currently on the List. He is prepared to provide documents which support his claim.
14 In an earlier letter dated February 24, 2000 I held (among other things) that the Consent Order giving rise to this proceeding does not give me jurisdiction to add names to the Block Dispatch List. Nor have the parties agreed to expand my jurisdiction. I accordingly have no authority to add Mr. Bains to the List. However, if his contention is accurate, there is no apparent reason why he should not be added with an appropriate start date. The Union and Bel Pacific are requested to discuss this matter and advise me of the outcome no later than the hearing.
Zora Jhajj
15 Mr. Jhajj contends he started work with Pacific Blasting on July 18, 1995 and worked steadily until January 15, 1997. He believes he should be added to the Block Dispatch List.
16 For reasons just given in respect of Mr. Bains, I have no authority to add Mr. Jhajj to the Block Dispatch List. The Union and Bel Pacific are similarly requested to consider Mr. Jhajj’s contention and advise me of the outcome of their discussions.
17 I have made no determination regarding other disagreements over the placement of individuals on the Block Dispatch List, and will do so after the hearing. Individuals wishing to appear at the hearing are reminded to advise me in writing of their intentions no later than Friday, June 30, 2000.