[1988] OLRB Rep. August 840
1078-88-JD International Association of Bridge, Structural and Ornamental Iron-workers, Local 721, Complainant v. Newmarch Mechanical Limited and The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463, Respondents
BEFORE: R. O. MacDowell, Alternate Chair, and Board Members W. N. Fraser and J. Redshaw.
DECISION OF THE BOARD; August 5, 1988
1. This is a jurisdictional dispute complaint filed pursuant to section 91 of the Labour Relations Act. The complainant seeks an interim order requiring a redistribution of the work in dispute. The Board may make such interim orders, pursuant to section 91(8) of the Act which reads as follows:
Where a complaint is made under subsection (1) and the complainant alleges that a strike is imminent or is taking place by reason of the requirement as to the assignment of work or by reason of the assignment of work, the Board may, after consulting any employer, employers' organization, trade union or council of trade unions that in its opinion is concerned, make such interim order with respect to the assignment of the work as it in its discretion considers proper.
However, a perusal of the material filed in support of the complaint, reveals that the only strike or strike threat involves the complainant itself and its own members. In other words, the complainant is pleading its own illegal conduct or potential for such illegal conduct, in support of its claim for an interim direction in its favour. In the circumstances, and in the exercise of its discretion, the Board does not consider it appropriate to make any interim direction or order. A complainant under section 91(8) should not be able to profit directly or indirectly from its own unlawful conduct or threat thereof. Our decision in this regard, of course, is made without prejudice to the merits of the jurisdictional dispute claim which will be processed and dealt with in accordance with the Board's usual practice.