[1994] OLRB Rep. February 166
2816-93-JD International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers; and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128; International Union of Operating Engineers; and International Union of Operating Engineers Local 793; The International Brotherhood of Teamsters; and The International Brotherhood of Teamsters, Chauffeurs and Allied Workers, Local 230; The International Association of Bridge Structural and Ornamental Iron-workers; The International Association of Bridge Structural and Ornamental Iron-workers, Local 736; The IBEW Electrical Power Systems Construction Council of Ontario representing the following affiliated Local Unions: 105, 115, 120, 303, 353, 402, 532, 586, 773, 804, 894, 1687, 1739 and 1788; 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 527, Applicants v. Electrical Power Systems Construction Association; Dominion Metal and Refining Works Ltd.; Multidem Inc.; Labourers' International Union of North America, Ontario Provincial District Council, and Labourers' International Union of North America, Local 1059, Responding Parties
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members W. N. Fraser and G. McMenemy.
DECISION OF THE BOARD; February 16, 1994
This is a jurisdictional complaint filed pursuant to section 93 of the Labour Relations Act. The Board held a consultation with the parties. Pursuant to section 93(1.2) of the Act, the Board may make any interim or final order it considers appropriate after consulting with the parties.
The work in dispute is the demolition and removal of the Bruce Heavy Water Plant A at Tiverton, Ontario. This plant has been inactive for some nine years.
Ontario Hydro sold the defunct plant (excluding the land) to Dominion Metal and Refining Works Ltd. (hereinafter referred to as "Dominion Metal"). Dominion Metal subcontracted the demolition work to Multidem Inc. (hereinafter referred to "Multidem"). The disputed work was assigned to the Labourers at a mark-up meeting.
All of the equipment, towers, heat exchangers, transformers, copper cables, piping, valves, vessels, motors, etc. are to be knocked down, demolished, cut-up and sold for scrap metal. None of the materials or parts are for reuse. The entire plant was sold for scrap metal. The cut-up sections are sorted by type of metal, i.e. stainless steel, carbon steel, copper, aluminium. No particular care, other than safety considerations, is required in taking down or demolishing this facility. This is quite different from dismantling equipment or components for salvage and/or reuse where the integrity of the components or the surrounding area needs to be maintained.
Based on the materials filed and viva voce evidence the Board is satisfied that the entire plant was sold for scrap to Dominion Metal. In these circumstances Ontario Hydro practice and the Electrical Power Systems Construction Association agreement clearly establish this work belonging to the Labourers. It is work performed by construction labourers. There is no requirement to protect the integrity of the facility or any of is components. Dominion Metal/Multidem, subject to safety requirements, can take down this plant any way it chooses.
Having considered the evidence and submission we confirm the assignment of the work in dispute to the Labourers. The Board would emphasize this work assignment is with respect to the Electrical Power Systems sector in circumstances where the materials/equipment/facility are being demolished for scrap.