Lummus Canada Inc. v. The International Association of Bridge, Structural and Ornamental Ironworkers, Local Union 721 et al.
Ontario Labour Relations Board
File No.: 1008-82-JD Date: September 3, 1982
Between: Lummus Canada Inc., Complainant
- and - The International Association of Bridge, Structural and Ornamental Ironworkers, Local Union 721, James MacDonald and Gilles Bosse and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 463, Respondent
Before: D. E. Franks, Vice-Chairman, and Board Members J. A. Ronson and B. L. Armstrong.
Appearances: Brian P. Smeenk, T Ervin and K. Pierce for the complainant; James Hayes, Stan Arsenault and Jim MacDonald for the International Association of Bridge, Structural and Ornamental Ironworkers, Local Union 721, James MacDonald and Gilles Bosse; Laurence C. Arnold, Paul Falzone and Chris Burows for the United Association of Journeymen and Apprentices of Plumbing and Pipe Fitting Industry of the United States and Canada, Local 463; Albert Parrent for York Steel Construction.
DECISION OF THE BOARD; September 3, 1982
1This is a complaint concerning a work assignment made under section 91 of the Act. In the complaint, the complainant has asked the Board to issue an interim order and a cease and desist order under subsection 9 of section 91.
2In accordance with section 62 of the Board's Rules of Procedure, the Registrar listed this matter for a consultation with the parties. At this consultation, the Board heard the representations of the various interested parties with respect to the request for an interim order.
3The work in dispute consists of the off-loading, (otherwise known as power rigging) of exchangers, pumps, vessels, package units, skid units and other piping equipment. The position of the complainant, Lummus Canada Inc. (hereinafter referred to as "Lummus") is that in early April a mark-up meeting was held at which point the work in question was claimed by both the respondents, the International Association of Bridge, Structural and Ornamental Ironworkers, Local 721 (hereinafter referred to as "Ironworkers Local 721") and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 463 (hereinafter referred to as "U.A. Local 463"). The complainant requested both trade unions claiming the work to make submissions on their claim. Subsequently, submissions were received and the position taken by the complainant Lummus is that the work was assigned to U.A. Local 463 on the basis of the Ironworkers Local 721 refused to perform work on the Eldorado job site.
4The position taken by the respondent, Ironworkers Local 721, is that certain of their representatives were told by certain representatives of Lummus that the assignment referred to above had been a mistake. In consequence of which the position taken by Ironworkers Local 721 was that the Board ought to change the assignment made by the complainant Lummus to either a mixed crew of Ironworker members and U.A. members or that the Board ought to assign to Ironworkers units in excess of four thousand pounds.
5Even if we were to accept as fact in this matter the alleged statements by representatives of the complainants, we are of the view that in the present circumstances we would not change or vary the assignment made by the complainant employer at this stage in the proceedings. The Board's jurisprudence on interim orders has, since the inception of what is now section 91, been basically that the assignment of the employer will be continued unless that assignment is patently wrong. In the present case, the assignment made by the complainant Lummus was as a consequence of representations by representatives of both the respondent trade unions competing for the work in question. That assignment, having been made in the face of these representations, we are not prepared at this stage to vary that assignment.
6Accordingly, the Board directs that the complainant, Lummus Canada Inc., shall continue to assign the off-loading (otherwise know as "power rigging") of exchangers, pumps, vessels, package units, skid units and other piping equipment to members of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 463.
7Counsel for the Ironworkers Local 721, having given an undertaking that Local 721 will comply with this interim order, it is not necessary to proceed with the application for a cease and desist direction at this time.
8The Registrar is directed to list this matter for pre-hearing conference. The attention of the parties is directed to Board's Practice Note No. 15 with respect to jurisdictional disputes complaints.