George McMenemy

The applicant union referred a grievance to arbitration under section 126 of the Labour Relations Act.

The respondent employer and intervener union requested the Board defer consideration of the grievance to allow the filing of a jurisdictional dispute under section 93.

The applicant opposed deferral, arguing that the respondent and intervener did not have a bargaining relationship.

The Board found that the contractual matters were intertwined with work assignment matters, and that the jurisdictional dispute forum was the proper venue to address the issues, even if a collective agreement did not exist between the contractor and the trade assigned the work.

The Board adjourned the grievance and allowed any party to file a jurisdictional dispute within 14 days.

The applicant union sought certification for a unit of painters employed by the respondent in the construction industry.

The Board determined the composition of the bargaining unit, finding that one disputed employee was a painter while another was a labourer.

A group of employees filed a petition opposing the certification.

However, the Board found that the petition was circulated by a working foreman with supervisory responsibilities, during working hours, and with the tacit approval and proximity of the employer's owner.

Consequently, the Board concluded the petition did not represent a voluntary change of heart and declined to order a representation vote.

The Board also excluded one of the employee representatives from the hearing due to disruptive behaviour.

Certificates were issued to the union.