Off-site shop fabrication of ductwork for ICI projects is covered by the ICI agreement.
The applicant union brought a grievance referral under section 126 of the Labour Relations Act, arguing that the fabrication of ductwork by DuraSystems in its off-site shop for installation on ICI projects was covered by the ICI agreement.
The respondents argued that off-site shop work did not fall within the definition of the construction industry.
The Board held that under section 119 of the Act, employees engaged entirely in off-site work are construction employees if they are commonly associated in bargaining with on-site employees.
Finding a long-standing practice in the sheet metal industry of associating shop fabricators with on-site installers in bargaining, the Board concluded that DuraSystems' shop employees were construction employees and their fabrication of ductwork for ICI sites was covered by the ICI agreement.
Sheet Metal Workers' International Association, Local 30 v. Duffy Mechanical Contractors Limited, 1995 CanLII 9987
