[1994] OLRB Rep. January 1
2505-90-JD Labourers' International Union of North America, Local 1089, Applicant v. International Brotherhood of Electrical Workers, Local 530 and Adam Clark Company Ltd., Responding Party
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members D. A. MacDonald and J. Redshaw.
DECISION OF THE BOARD; January 26, 1994
In this jurisdictional dispute the parties agreed to proceed under the new statutory provisions. By decision dated January 2, 1992 [now reported at [1992] OLRB Rep. Jan. 6] the Board limited the scope of the past practice to "... precast concrete ducts in the ICI sector in Board Area No. 2."
The Board has reviewed all of the materials and written submissions and makes the following finding with respect to the work in dispute.
The work in dispute, as agreed by the parties, is set out in the Pre-Hearing Conference Memo of Vice-Chair Satterfield as follows:
The installation of Trenwa duct at the Dawn Compressor Station (Union Gas), including the installation and levelling of the U-bracket supports for the duct sections, the installation and levelling of the precast concrete sections which form the walls of the Trenwa Duct System, the cutting of the slabs with a concrete saw where ducting is to be angled and all off-loading and handling of the duct work materials.
- The memo goes on to say:
"For purposes of clarity, the following work is not in dispute:
(1) excavating the trench;
(2) cleaning and levelling the bottom of the trench;
(3) shovelling pea gravel into the trench;
(4) levelling the gravel bed;
(5) placing drain tiles on top of the gravel bed;
(6) shovelling additional gravel into the trench;
(7) levelling the gravel;
(8) backfilling where needed;
(9) installing voltage spikes;
(10) installing copper ground cables;
(11) installing barrier boards;
(12) installing cable support blocks;
(13) installing unistrut inserts;
(14) installing cable-clips or clamps; and
(15) placing trench lids to protect the cable.
The Board considers a variety of criteria to assist it in resolving work assignment disputes. Adam Clark is bound to the provincial ICI agreements with the Labourers and the IBEW. The IBEW Constitution and Collective Agreement claim all work with respect to "... ducts and raceways when part of distributing systems outside of buildings,………” The Labourer's agreement claims "all phases of on-site erection, finishing and caulking of precast concrete products ..." and "the work in connection with ..., concrete saws ...
Adam Clark subcontracted the work in dispute to a subcontractor bound to the Labourers agreement. While Adam Clark did not participate in the proceeding it did file a pre-hearing brief indicating it supported and agreed with the submissions set out in the Labourers pre-hearing brief. At a Prejob/Mark-up meeting Adam Clark explained the project and assigned the installation of the Trenwa system to the Labourers and the work involving the laying of cables inside the completed ducting to the IBEW. The installation of the Trenwa duct system was subcontracted to G. L. Robbins Ltd.
The factors of skills and training and economy and efficiency do not favour the assignment of the work in dispute to either trade.
The evidence of area practice was limited. Both trades have performed the disputed work.
The Board does not find the July 13, 1948 agreement with respect to the "laying of wood fibre conduit underground for the carrying of electrical wires and cables" or the IJDB decisions of assistance.
Having considered all of the evidence, submissions and materials filed, the Board finds that the work in dispute was improperly assigned. The installation of the Trenwa duct in this dispute is for the exclusive purpose of housing electrical cables. It is not a multi purpose duct system. This work is part of the electrical installation and is another form of cable tray for the purpose of installing electrical cable. Therefore pursuant to section 93(1.2) of the Act, the Board directs that the disputed work shall be assigned to members of the IBEW, in Board Area No. 2.