Dennis Grant

The applicant union filed a jurisdictional dispute concerning the assignment of stripping reusable formwork at two construction sites.

The work was claimed by both the applicant and the responding union.

The Ontario Labour Relations Board found that the employer had not made a clear assignment and that area and employer practices were mixed.

The Board concluded that the work ought to have been assigned to a composite crew of labourers and carpenters, consistent with the employer's past practice, and directed the parties to provide submissions on the appropriate composition of the crew.

The applicants, members of the responding party union, brought an application alleging that the union violated the Labour Relations Act by concluding local collective agreements at variance with the provincial agreement.

The union had obtained a mandate from its members to offer contractors a concession to work at 85% of the provincial wage rate to combat non-union competition.

The Employer Bargaining Agency and the Ontario Provincial Council subsequently authorized this variation retroactively.

The Board found that the applicants had standing, but dismissed the application, holding that the provincial bargaining agencies were empowered to amend the provincial agreement and that such amendments could legitimately be made retroactive.