Ontario Labour Relations Board
[1987] OLRB Rep. May 742
2136-86-JD Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 67, Complainants v. COSMA, a Division of Magna International Inc., Millwrights Unlimited, Association of Millwrighting Contractors of Ontario Inc., United Brotherhood of Carpenters and Joiners of America, Millwrights Local Union 1916, Mechanical Contractors Association Ontario, Respondents
BEFORE: G. T'. Surdykowski, Vice-Chair, and Board Members I. M. Stamp and D. Patterson.
APPEARANCES: Stanley Simpson and Fred Wilson for the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 67; no one appearing for the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada; Robert Salisbury and Bruce Chan for COSMA, a Division of Magna International Inc.; R. A. Werry and Dale Austin for Millwrights Unlimited; Charles Horman for Association of Millwrighting Contractors of Ontario Inc.; M. A. Church and Harvey Jardine for the United Brotherhood of Carpenters and Joiners of America, Millwrights Local Union 1916; no one appearing for the Mechanical Contractors Association of Ontario.
DECISION OF THE BOARD; April 2, 1987
Reasons for Decision
- This complaint concerning work assignment, under section 91 of the Labour Relations Act, came on for hearing in Toronto on February 18, 1987. At the hearing, the name of the respondent Magna International Inc. was amended to "COSMA, a Division of Magna International Inc.". In addition, pursuant to the agreement of all concerned at the pre-hearing conference with respect to the complaint, the Association of Millwrighting Contractors of Ontario Inc. was added as a party respondent, and the complaint was amended by deleting the request for an interim order with respect to the work assignment and by adding the following as paragraph la to Schedule 3 thereof:
Around August 1986 and after, on more than one occasion, the business representative of Local 67 requested from the on-site foreman for Millwrights Unlimited an assignment of the work to members of Local 67. The foreman referred the business representative of Local 67 to the business representative of the Millwrights Union.
- The Board then heard argument on two preliminary matters:
a) whether COSMA, a Division of Magna International Inc. should have its status changed from "respondent" to "interested party" and the nature of the order, if any, that could be made against it by the Board; and
b) whether the Board should exercise its discretion to not entertain this complaint.
- The Ontario Pipes Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, named as a complainant by counsel filing the complaint, took no part in any of the proceedings before the Board, though duly notified of both the pre-hearing conference on December 17, 1986 and the hearing on February 18, 1987. Upon hearing the representations of the parties who attended the hearing, the Board concluded that it should not inquire into the complaint. Accordingly, the Board ruled orally, with written reasons to follow, that it had decided to exercise its discretion to not inquire into the complaint and the complaint was dismissed