Subcontractor, not general contractor, is the 'employer' assigning work in a jurisdictional dispute; assignment upheld.
The Iron Workers filed a jurisdictional dispute regarding the assignment of window and curtain wall installation work at a nursing home project.
The general contractor, PCL, subcontracted the work to AGS, who assigned it to members of the Glaziers union.
The Iron Workers argued that PCL was the 'employer' assigning the work and was bound by a subcontracting clause in their collective agreement.
The Board held that the subcontractor, AGS, was the 'employer' for the purposes of section 99(1)(b) of the Labour Relations Act, 1995.
Considering employer and area practice, the Board upheld AGS's assignment of the work to the Glaziers and dismissed the application.