The Ontario Labour Relations Board was asked to make a sector determination regarding the construction of an underground concrete water storage tank.
The applicant union argued the work fell within the industrial, commercial and institutional (ICI) sector, while the responding employer and intervenor union argued it was in the heavy engineering or sewer and watermain sectors.
Applying the test from The Heavy Construction Association of Toronto, the Board found that the tank's end use was part of a sewage treatment and water pollution control process, which is industrial in nature.
The Board concluded that the building of the water storage tank is work in the ICI sector of the construction industry.
