William Jemison

The applicant Millwrights filed a complaint concerning the assignment of work involving the installation of flumes at a Ford engine plant.

The work was performed exclusively by Ironworkers employed by Victoria Steel, which was bound by a collective agreement with the Ironworkers but not the Millwrights.

The Millwrights sought a declaration and order that 50% of the work be assigned to their members, relying on previous Board decisions regarding material handling systems.

The Board dismissed the complaint, finding it had no jurisdiction to bind a contractor to such an order where the applicant union does not have a collective agreement with the employer.

The Minister referred a request to the Ontario Labour Relations Board under section 139 of the Labour Relations Act to amend an employer bargaining agency designation.

The applicant, previously an unincorporated association, incorporated to facilitate normal business transactions and sought to have the designation amended to reflect its new corporate status.

The Board found that the incorporated association had the full capacity to function as a designated employer bargaining agency and that the amendment would not adversely affect collective bargaining in the construction industry.

The Board advised the Minister to accede to the application.