Essex and Kent Building and Construction Trades Council v. Ford Motor Company of Canada Limited
[1980] OLRB Rep. October 1107
1101-80-JD Essex and Kent Building and Construction Trades Council, on its own behalf and on behalf of its members listed on Schedule "A" attached hereto; and The Trade Unions listed on Schedule "A" attached hereto, Complainants, v. Ford Motor Company of Canada Limited, Essex Manufacturing, and Ensite Limited; United Automobile, Aerospace and Agricultural Implement Workers of America; United Automobile, Aerospace and Agricultural Implement Workers of America, Local 200; and Contractors listed on Schedule "B" attached hereto, Respondents.
BEFORE: George W. Adams, Chairman and Board Members H. J. F. Ade and M. J. Fenwick.
APPEARANCES: A Minski and others for the complainants; D. J. M. Brown for Ford Motor Company of Canada Limited, Essex Manufacturing and Ensite Limited; and L. A. MacLean, Q. C. for the United Automobile, Aerospace and Agricultural Implement Workers of America and its Local 200.
DECISION OF THE BOARD: October 29, 1980
1This matter involves a complaint made under section 81 of The Labour Relations Act. An interim order was issued by decision dated September 9th, 1980 and the respondents Ford Motor Company of Canada Limited, Essex Manufacturing and Ensite Limited now seek to vary that order to add the following work:
(a) Installation of closed circuit T.V. system;
(b) Installation of the assembly inspection devices (A.I.D.) for engine assembly;
(c) Installation of the energy monitoring system;
(d) Installation of the compressed air system; and
(e) Installation of the hot test and cold test equipment.
A more complete description of the work is attached to the respondents' request made by letter of October 20th, 1980.
2It is apparent from a review of the complainants' complaint (particularly paragraph 4) that the work that is subject to the instant request by the respondent employers was being claimed by the complainant trade unions at the time the Board issued its initial interim order. Similarly, a review of the reply filed by the respondent trade unions reveals that they too were claiming this same work at the time the complaint was initially filed with the Board. Having regard to the representations of the parties at the hearing of the instant matter, the Board is satisfied that the earlier positions of both the complainants and respondents with respect to this work remain unchanged and that, therefore, the conditions giving rise to the initial request for an interim order continue to prevail.
3Counsel for the complainant trade unions also reminded the Board that he expressed concern at the initial consultation convened under section 81(8) of The Labour Relations Act that the interim order might be too narrowly drafted if it dealt only with the work contained in the reply filed by the respondent companies and that he sought the right to return to the Board to obtain a more complete interim order should circumstances so dictate. Indeed, counsel submitted that the instant matter would have been brought by the complainant trade unions had the employers not acted on their own initiative.
4Having regard to the representations of the parties and to the matters raised in the earlier consultation conducted by the Board, the Board is satisfied that this is an appropriate situation to exercise its jurisdiction to vary an order or direction under section 95(1). (See Bakery and Confectionery Workers Union v. White Lunch Limited (1966), 66 CLLC ¶14,110 (S.C.C.).) Therefore, having regard to the foregoing the Board deems it advisable in all the circumstances to vary the aforesaid interim order so that it now provides:
The respondents Ford Motor Company of Canada Limited, Essex Manufacturing, and Ensite Limited shall assign all of the following work to members of the appropriate trade unions listed on Schedule "A" attached hereto.
(i) The receipt, unloading and transportation of all components and materials and the installation to a complete and finished state of those components and materials in relation to a "public address system" throughout, but not necessarily limited to, the plant area;
(ii) The receipt, unloading and transportation of all machinery, equipment, conveyors and other related material for the piston, and rod and piston assembly areas. The installation of the aforementioned machines, equipment, conveyors and other miscellaneous material within the aforementioned areas including support systems which include but are not limited to air, electric and fluid systems to a complete and finished state;
(iii) The receipt, unloading and transportation of all equipment, conveyor systems and other material that relates to piston, and rod and piston blue steel chuting. The installation of the aforementioned material including support systems including but not limited to air, electric and fluid systems to a complete and finished state;
(iv) The receipt, unloading and transportation of all equipment, machinery and material relating to Engine Assembly Sections A, B, C and D and installation of this equipment, machinery and material, including support systems relating to the aforementioned Engine Assembly Sections A, B, C and D to a complete and finished state;
(v) The receipt, unloading and transportation of all material relating to secondary lighting systems. The installation of the aforementioned material including, but not limited to, support structures and electrical hookups to a complete and finished state.
(vi) The outside portion of the installation of the closed circuit T.V. system.
(vii) The installation of the assembly inspection devices (A.I.D.) for engine assembly.
(viii) Installation of the compressed air system.
(ix) Installation of the hot test and cold test equipment.
This order shall be effective forthwith and shall remain in effect until such time as the Board issues a further order. Any party may apply for a more detailed description of the work should this be necessary.
5The Registrar is directed to schedule this matter for hearing on its merits.