Hauling excavated material to off-site locations falls within the scope of the Teamsters provincial agreement.
The applicant union referred a grievance to the Ontario Labour Relations Board, alleging the respondent employer breached the Teamsters provincial agreement by failing to apply its provisions to dump truck drivers hauling excavated material on and from a construction site.
The parties asked the Board to determine a preliminary question: assuming the project falls within the industrial, commercial and institutional (ICI) sector, is hauling excavated material on and from the project covered by the provincial agreement?
The Board majority held that the drivers were 'teamsters engaged on on-site construction' within the Ministerial designation, and therefore fell within the scope of the provincial agreement, even when hauling material to off-site locations.
One Board member dissented.
Teamsters Local Union No. 91 v. Farry Excavating & Grading Ltd., 1991 CanLII 6045
