F Marr

The applicant Ironworkers Local 700 filed a jurisdictional dispute complaint under section 93 of the Labour Relations Act regarding the assignment of work on a material handling system at the D.N.N. Hot Dip Galvanizing Line #1 in Windsor, Ontario.

The Board held a consultation and determined that the work in dispute was a completely integrated material handling system, not merely a conveyor system or production equipment.

Having regard to prevailing area practice and previous Board decisions, the Board ordered that the work be assigned to a composite crew consisting of equal numbers of Ironworkers and Millwrights performing the work functions interchangeably.

The order was made binding on all named parties and applied to future jobs undertaken in Board Area #1.

During a hearing into a work assignment dispute between the Millwrights and Ironworkers regarding the installation of a monorail conveyor system, a preliminary issue arose concerning the scope of admissible past practice evidence.

The Board had previously limited past practice evidence to the installation of monorail and package conveyor systems.

When the Ironworkers sought to adduce evidence regarding work on a bridge crane to demonstrate economy and efficiency, the Millwrights objected.

The Board upheld the objection, ruling that evidence of economy and efficiency from other employers must relate specifically to the two types of conveyor systems in dispute to be relevant and admissible.

The applicant union referred a grievance to the Board under section 124 of the Labour Relations Act regarding work performed by the respondent employer.

The employer acknowledged being bound by the collective agreement but disputed the amount of damages, having reneged on a prior settlement.

Due to the employer's failure to keep proper payroll records, the Board accepted the union's credible estimate of the time required for the job, minus the time attributed to painting work which was not proven to be a violation.

The Board ordered the employer to pay $2,533.12 in damages.