Frank O'Reilly

The Carpenters and Labourers unions disputed the assignment of work involving the dismantling and removal of seats from the North Grandstand of Exhibition Stadium prior to its demolition.

The employer had assigned the work to a composite crew of approximately 60% labourers and 40% carpenters.

The Labourers claimed exclusive jurisdiction based on a collective agreement appendix covering maintenance and repair of seating in the Stadium.

The Board found that the appendix applied to an operating venue, not demolition, and upheld the employer's assignment to a composite crew as reasonable and consistent with the practice in the rest of Exhibition Place.

The applicant, a local union business representative, was removed from office by the international union after losing his good standing due to the late payment of a union fine.

He applied to the Ontario Labour Relations Board under section 149(2) of the Labour Relations Act, 1995, arguing he was removed without just cause.

The Board dismissed the application for lack of jurisdiction, holding that section 149(2) does not create independent rights for individual members to challenge internal union discipline, but rather exists only to protect local union autonomy from unwarranted interference by a parent union.

The applicants filed a complaint concerning a work assignment dispute between the Carpenters and the Labourers regarding the carpentry portion of concrete forming work for outdoor structures on three construction projects.

The Labourers argued the work fell within a distinct 'landscaping sector' and requested a sector determination hearing.

The Board declined to hold a separate hearing, finding it could determine the sector issue within the consultation process.

The Board concluded the work was in the industrial, commercial and institutional (ICI) sector and declined to recognize a separate landscaping sector.

Relying on a trade agreement between the unions and area practice, the Board directed that the work be assigned to the Carpenters.