[1991] OLRB Rep. April 468
1221-90-G Teamsters Local Union No. 91, Applicant v. Farry Excavating & Grading Ltd., Respondent
BEFORE: Owen V. Gray, Vice-Chair, and Board Members M. Vukobrat and J. Kurchak.
DECISION OF OWEN V. GRAY, VICE-CHAIR AND BOARD MEMBER J. KURCHAK; April 24, 1991
Farry Excavating & Grading Ltd. ("Farry") is an excavation contractor. In the summer of 1990, it performed excavation at and moved excavated material on and from a construction site in Ottawa described in these proceedings as "the Green Creek project." It did that pursuant to a contract with a general contractor, who was building a sewage treatment plant on the site.
The applicant ("Local 91") claims that Farry's employment of the dump truck drivers to move excavated material on and from the Green Creek site was covered by the provincial agreement ("the Teamsters provincial agreement") between the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and the Teamsters Construction Council of Ontario (collectively, "the Teamsters employee bargaining agency") and the Construction Site Teamster Employer Bargaining Agency. As the affiliated bargaining agent of the Teamsters employee bargaining agency with jurisdiction in the Ottawa area, Local 91 grieves that the respondent ("Farry") breached that agreement by failing to apply its provisions to that employment. That grievance has been referred to this Board for arbitration under section 124 of the Labour Relations Act ("the Act").
By its terms, the Teamsters provincial agreement applies to the employment of "all on-site Teamsters for whom the Union has bargaining rights in the ICI Sector of the Construction Industry in the Province of Ontario", with certain exceptions which are not in issue here. Farry concedes that it is bound by this agreement, but denies that it applies to its employment of dump truck drivers in connection with the Green Creek project. In particular, it denies that those truck drivers were "on-site Teamsters" or that they were employed in the construction industry or, if