Board refused to adjudicate a jurisdictional work assignment dispute within a grievance arbitration proceeding.
The applicant trade union referred a construction industry grievance to the Board under section 124 of the Labour Relations Act.
The respondent employer and an intervening trade union argued that the grievance was rooted in a jurisdictional dispute over a work assignment, which should be resolved under the mutually selected Plan for the Settlement of Jurisdictional Disputes.
The applicant requested that the Board adjudicate the work assignment dispute within the section 124 proceeding and make the intervening union a party.
The Board declined, finding that doing so would undermine the statutory scheme under section 91(14) of the Act, which defers to the parties' selected tribunal for jurisdictional disputes, and would unnecessarily encumber the grievance arbitration with strangers to the collective agreement.
Millwright District Council on behalf of Local 1425 v. Copper Cliff Mechanical Contractors Ltd., 1987 CanLII 3123
