The Ontario Labour Relations Board determined a jurisdictional dispute and a ministerial reference regarding Enwave District Energy Limited.
The employer sought a determination of whether the Canadian Union of Operating Engineers and General Workers (CUOE) or the Canadian Union of Public Employees, Local 416 (CUPE) had jurisdiction over work at its Chilled Water Plant.
The Board found that CUOE had jurisdiction, noting that CUOE had bargained the inclusion of the plant in its recognition clause and that CUPE's predecessor had previously declined the work.
On the ministerial reference, the Board advised that the Hospital Labour Disputes Arbitration Act governs the relationship between Enwave and CUOE at the Walton Street plant, as the plant is deemed a hospital under the Toronto District Heating Corporation Act and the Hospital Labour Disputes Arbitration Act.
