I. Knight

The applicant trade union requested that the Ontario Labour Relations Board reconsider its previous decision confirming a work assignment made by the employer.

The applicant argued that the Board departed from previous policy regarding jurisdictional disputes and unfair labour practices, and that it was denied natural justice because it was allegedly precluded from making certain submissions during the consultation.

The Board dismissed the request, finding that it had not departed from policy and that the applicant had been provided a full opportunity to make its submissions during the consultation process.

The traditional test for reconsideration was not met.

The employer filed an application regarding a work assignment dispute after a union filed a grievance over the repair of a chiller unit.

Prior to the scheduled consultation, the union withdrew its grievance and conceded the work was properly assigned.

Another union involved in the dispute argued the Board was still required to hold a consultation to determine broader work assignment issues.

The Board held that it is not required to convene an oral consultation when there is no longer a live dispute between the parties, and dismissed the application.

The Carpenters union filed a work assignment complaint regarding the tending of carpenters at a construction project at Algoma Steel.

The general contractor had assigned the formwork to the Carpenters, with the Labourers tending.

The Carpenters argued they should tend themselves.

The Board considered employer practice, area practice, trade agreements, collective agreement obligations, economy and efficiency, and skill and safety.

Finding that tending is at the core of the Labourers' work jurisdiction and that safety and efficiency factors also favoured the Labourers, the Board upheld the assignment of the work to the Labourers.