R. Leone

In a jurisdictional dispute complaint between the Boilermakers and the Labourers regarding demolition work, the Labourers sought to adduce viva voce evidence on a preliminary basis to challenge the Board's earlier ruling on the parameters of admissible past practice evidence.

The Board dismissed the request, holding that it has inherent jurisdiction to determine the relevance of evidence without first hearing it, and that evidence regarding the demolition of structures other than field-erected, steam-generating boilers in an operating environment is irrelevant to the specific work in dispute.

The complainants, having been partially successful in their unfair labour practice complaints against the respondent union, sought reconsideration of the Board's decision declining to award them costs.

The complainants argued that internal union resolutions obligated the union to pay their costs and that the union's refusal to do so while paying the individual respondents' legal fees constituted a breach of the duty of fair representation.

The Board dismissed the request for reconsideration, reaffirming its long-standing policy against awarding costs in section 89 complaints.

The Board noted that it lacks jurisdiction to enforce internal union resolutions or supervise union expenditures, and found that the complainants' mixed success and the protraction of the hearing by both sides further militated against an award of costs.