C. McMenemy

The applicant union filed a jurisdictional dispute complaint under section 99 of the Labour Relations Act, claiming that certain off-site fabrication work performed at the employer's shop should be assigned to its members rather than to members of the responding union.

The Board found that the work in dispute was not construction work and was not covered by the applicant's provincial agreement, but was covered by the responding union's shop fabricating agreement.

Applying the traditional six factors for jurisdictional disputes, the Board concluded that the work was properly assigned to members of the responding union and issued a declaration to that effect.

The applicant ironworkers brought a jurisdictional dispute complaint regarding the assignment of work involving the off loading, rigging, moving, handling, fabrication, cutting, welding, fitting, bolting, and installation of removable steel molds and accompanying steel supports for an iron runner box at Algoma Steel.

The employer had assigned the work to the ironworkers, but the carpenters claimed jurisdiction.

The Board found that the core skills required for the work, including welding, cutting, and rigging structural steel, favoured the ironworkers.

The Board upheld the employer's assignment of the work to the ironworkers.