The Sheet Metal Workers applied for a determination concerning a work assignment dispute under section 99 of the Labour Relations Act, 1995, regarding the installation of wine tanks at a project in Niagara-on-the-Lake.
The employer, E.S. Fox Limited, had assigned the work to the Sheet Metal Workers.
The U.A. Local 666 and the Boilermakers argued the work should have been assigned to their members in accordance with a trade agreement (INFO-67).
The Board assessed the typical factors for jurisdictional disputes, including collective bargaining relationships, skill and training, economy and efficiency, employer practice, area practice, and trade agreements.
Finding that all factors were neutral and no single factor strongly favoured any one trade, the Board declined to interfere with the employer's original assignment of the work to the Sheet Metal Workers.