A. Camara

The applicant union brought a related employer application and an unfair labour practice complaint against several corporate respondents and two locals of the Carpenters' Union.

The respondents brought preliminary motions to dismiss the unfair labour practice complaint for failing to disclose a prima facie case and to strike portions of the related employer application for lack of particulars.

The Board found that the applicant lacked status to challenge the Carpenters' bargaining rights because it did not hold pre-existing bargaining rights for the employees in question, and that it had delayed in bringing the complaint.

The Board struck those portions of the complaint.

However, the Board declined to strike the related employer application, finding the pleadings sufficiently particularized given the nature of such applications where facts lie within the exclusive knowledge of the respondents.

The applicant Carpenters' union filed a jurisdictional dispute concerning the assignment of the carpentry portion of concrete forming work on a water pollution control centre project.

The work had been assigned by the subcontractor to members of the Labourers' union.

The Carpenters argued this violated a prior 'Peace Treaty' and section 162 of the Labour Relations Act.

The Board found that the Labourers' Provincial ICI agreement validly covered construction labourers performing carpentry work, and that the employer's practice and collective agreement obligations strongly favoured the assignment to the Labourers.

The Board confirmed the employer's work assignment.