[1994] OLRB Rep. May 549
3603-93-JD Ontario Sheet Metal Workers' & Roofers' Conference; Sheet Metal Workers' International Association, Local 397, Applicants v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 508; E. S. Fox Limited, Responding Parties
BEFORE: Robert Herman, Vice-Chair, and Board Members M. M. Vukobrat and H. Kobryn.
APPEARANCES: I. Raso for Sheet Metal Conference and Tim Fenton for Sheet Metal Workers', Local 397; Laurence C. Arnold and Robert Vosper for U. A. Local 508; W. I. McNaughton and B. RoyalforE. S. Fox.
DECISION OF THE BOARD; May 9, 1994
This is a jurisdictional dispute filed pursuant to the provisions of section 93 of the Labour Relations Act.
The Board delivered the following oral decision at the conclusion of the consultation held in this matter:
"We are satisfied that the assignment was correctly made by E. S. Fox Limited.
This work in dispute was piping, but it was piping for a dust control system.
The trade agreement relied upon by the U. A. has no application to the work here, because on its face the agreement does not apply to such work. Even if it did, we are satisfied that the prevailing practice was not to follow the trade agreement, but to award such work on dust control systems to Sheet Metal Workers.
Accordingly, the assignment as made will stand."