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.
