John Grimshaw

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, arguing that work performed by the responding party on a blast furnace was construction work and should have been performed under the ICI provincial agreement.

The responding party and intervenors argued the work was maintenance and properly performed under the General President's Maintenance Agreement.

The Board reviewed the scope of work, which involved extensive replacements and redesigns to bring a decommissioned furnace back into service.

The Board concluded that the totality of the work constituted repair and alteration, making it construction work subject to the ICI agreement.

The matter of damages was remitted to the parties.

The applicant trade union referred a grievance to the Board alleging the employer failed to pay proper wage rates under the provincial ICI agreement for work performed at a Dofasco project.

The employer asserted the work was maintenance covered by a project agreement.

The General Presidents' Maintenance Committee for Canada (G.P.C.) and Dofasco sought standing to intervene.

The Board held that neither had standing as of right, as they were not bound by the ICI agreement.

However, the Board exercised its discretion to grant standing to the G.P.C. given its role in administering maintenance agreements and the potential impact on the collective bargaining system.

Dofasco was denied standing.