D. Smith

The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act concerning the suspension of a shop employee.

The respondent employer objected to the Board's jurisdiction, arguing it was not an employer in the construction industry and the grievance did not relate to construction work.

The Board found that the respondent was an employer in the construction industry because it installed railings in houses under construction.

Following previous Board jurisprudence, the Board held that section 124 is available to any union and employer meeting the statutory definitions in section 117, regardless of whether the specific work underlying the grievance is construction work.

The Board assumed jurisdiction and directed the matter to be listed for continuation.

The complainants, drivers for Dufferin Concrete Products, alleged that their union, Teamsters Local 230, breached its duty of fair representation under section 68 of the Labour Relations Act.

The dispute arose when the employer closed a plant and sought to dovetail the seniority lists of Local 230 and Local 879.

Local 230 initially opposed dovetailing and appealed to the International union.

However, after the International dismissed the appeal and ordered compliance with the Joint Council's decision to dovetail, Local 230 accepted the ruling.

The Board found that Local 230 did not act arbitrarily, discriminatorily, or in bad faith in ultimately accepting the constitutional authority of the International union, and dismissed the complaint.