Larry Lineham

The applicant appealed an order made by an Occupational Health and Safety Inspector which required workers installing hangers and brackets on a casino construction project to hold a certificate of qualification as an Electrician Branch 1.

The order had resulted in the applicant's members being removed from the job and replaced by electricians.

On the fourth day of the hearing, the parties reached a resolution.

Pursuant to their memorandum of agreement, the Board rescinded the Inspector's order and noted the Ministry of Labour's policies regarding jurisdictional disputes and compulsory trades.

In an application for certification by IBEW Local 1687, the Ontario Labour Relations Board determined preliminary issues regarding standing and procedure.

The Board held that the Power Workers' Union (PWU) did not have standing to intervene, as its membership evidence did not confer representational authorization for this proceeding and it had not previously asserted bargaining rights over the affected employees.

The Board also declined to count the ballots from a prior representation vote, finding the results would not be dispositive of any remaining issues.

Finally, the Board established the order for determining the remaining issues, starting with whether a Letter of Understanding constituted a collective agreement bar.