Richard I. Charney

This is the dissenting opinion of Board Member Shamanski regarding a union application concerning the Town of Ajax's takeover of its transit system from Charterways Transportation Limited.

The dissenting member would have found that the Town's hiring of former Charterways employees was a humanitarian act rather than a transfer of an essential element of the business.

The member concluded that section 64.1(1) of the Labour Relations Act did not apply because the transaction occurred prior to January 1, 1993, and would have dismissed the union's application.

The Ontario Labour Relations Board determined a preliminary issue in a jurisdictional dispute regarding the installation of storm sewers and manholes on private property at a General Motors plant.

The complainant argued the work fell within the industrial, commercial and institutional sector, while the respondents argued it fell within the sewers and watermains sector.

The Board held that the work characteristics of installing sewers on private property are identical to those of installing sewers under public roads or in subdivisions.

Consequently, the Board declared that the work in dispute comes within the sewers and watermains sector of the construction industry.

The complainant filed a jurisdictional dispute regarding the installation of site services at a plant building project.

The Board was asked to make a preliminary determination under section 150 of the Labour Relations Act as to whether the work fell within the industrial, commercial and institutional sector.

The complainant argued that the Board should consider area practice in making this determination.

The Board held that the concepts of area practice and geographic area have no basis in the statutory definition of 'sector' in section 117(e), which is determined by work characteristics.

The Board directed that the matter be listed for continuation of hearing to entertain evidence of work characteristics.