Board resolves jurisdictional dispute over feedwater heater replacement, dividing work based on past practice.
The Ironworkers filed a jurisdictional dispute complaint against Ontario Hydro and the United Association regarding the assignment of work related to the removal and replacement of feedwater heaters at the Lakeview Thermal Generating Station.
The Board dismissed preliminary motions by the United Association to defer to The Plan for the Settlement of Jurisdictional Disputes, and by the Ironworkers to enforce the 1958 Cooper-Connolly trade agreement, finding the latter had been validly repudiated in 1981.
On the merits, the Board relied primarily on employer and area past practice.
It directed that the fabrication and installation of the structural steel floor falsework deck and track runway be assigned to the Ironworkers.
The Board divided the signalling and rigging work between the two trades, assigning the handling of piping equipment using power equipment to the Ironworkers, and the lateral movement and final installation using tools of the trade to the United Association.
International Association of Bridge, Structural and Ornamental Iron Workers v. Electrical Power Systems Construction Association, 1992 CanLII 6371