Board defers hearing merits of work assignment complaint pending determination of construction industry sector.
The applicant union requested that the Board defer hearing the merits of a work assignment complaint until it determined, under section 150 of the Labour Relations Act, which sector of the construction industry the disputed work fell into.
The respondents and intervener opposed the deferral, arguing the sector issue should be decided alongside the merits.
The Board agreed with the applicant, finding that the sector determination was integral to the complaint and could involve other parties with standing.
The Board authorized a Labour Relations Officer to identify parties for the sector determination and directed that the same panel hear both the sector issue and the merits.
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 463 v. Labourers' International Union of North America, Local 597, 1987 CanLII 2992