W. Suppa

The applicant City applied for declarations that the responding trade unions no longer represent its construction industry employees, asserting it is a non-construction employer under the Labour Relations Act, 1995.

The responding unions raised a constitutional challenge to sections 127.1 and 127.2 of the Act under the Charter.

The applicant sought to have the constitutional challenge determined on a preliminary basis, either by a motion to strike or following evidence on the constitutional issue alone.

The Board declined to hear the constitutional challenge as a preliminary matter, finding it premature as the Charter question would be moot if the applicant failed to establish it was a non-construction employer.

The Board directed that the constitutional issue be heard at the end of the proceedings.

The Labourers' International Union filed a complaint concerning a work assignment by Nicholls Radtke Limited regarding the stripping of formwork at a co-generation project.

The employer had assigned the work to the Labourers, which the Carpenters grieved.

The Board determined that, based on the employer's past practice, the original written assignment, and area practice, the assignment to the Labourers was incorrect.

The Board ruled that the Carpenters have jurisdiction over the releasing, removal, and dismantling of formwork where the materials are intended to be re-used for forming purposes.