K. Brown

Four related jurisdictional disputes were filed regarding the assignment of work involving the uncrating, unpacking, and disposal of packaging material for a direct strip mill.

The employer had assigned the work to various trades, and the Labourers grieved the assignment.

The Board held that the uncrating of equipment and the dismantling or disposal of packaging material during the uncrating process was properly assigned to the trades.

However, once the equipment was entirely uncrated, the disposal and clean-up of the remaining packaging material was the work of the Labourers.

The applicant union filed displacement applications for certification at two hospitals.

The intervener union objected that the applications were untimely under the Labour Relations Act and the Hospital Labour Disputes Arbitration Act (HLDAA).

The Board found that because the interest arbitration process under the HLDAA had commenced and the resulting collective agreements were either not yet finalized or finalized within 90 days of the two-year statutory period, the open periods were delayed by operation of section 10(12) of the HLDAA.

Consequently, the applications were dismissed as untimely.

The Board declined the intervener's request to impose a bar on future applications by the applicant.