Tim Fenton

The applicant union referred a construction industry grievance to the Board, alleging the responding party general contractor violated a non-subcontracting clause by subcontracting work to a company not bound by the applicant's collective agreement.

The responding party and intervenor requested an adjournment to permit the filing of a jurisdictional dispute application, arguing the work was claimed by multiple trades.

The Board applied the Robertson Yates framework and granted the adjournment, finding that the dispute involved competing claims from three different trades and was more appropriately resolved as a jurisdictional dispute rather than a bilateral grievance arbitration.

The applicants filed a jurisdictional dispute regarding the assignment of piping work for a dust control system by the employer.

The responding union claimed the work based on a trade agreement.

The Ontario Labour Relations Board held that the trade agreement did not apply to dust control systems and that the prevailing practice was to award such work to Sheet Metal Workers.

The Board upheld the employer's assignment of the work to the Sheet Metal Workers.