[1994] OLRB Rep. April 339
4020-93-JD Ontario Sheet Metal Workers' & Roofers' Conference, Sheet Metal Workers' International Association, Local 269, Applicant v. Amherst Roofing and Sheetmetal Ltd., United Brotherhood of Carpenters' & Joiners of America, Local
93, Responding Parties
BEFORE: Ken Petryshen, Vice-Chair, and Board Members W. N. Fraser and J. Redshaw.
APPEARANCES: J. Raso, Leo LaVallee and Ross Mitchell on behalf of the applicant; J. James Nyman and Neil Melanson on behalf of the United Brotherhood of Carpenters' & Joiners of America, Local 93; Pamela Yudcovitch and Peter Harding on behalf of Amherst Roofing and Sheetmetal Ltd.
DECISION OF THE BOARD; April 25,1994
- This is an application concerning a jurisdictional dispute filed pursuant to section 93 of
the Labour Relations Act by the Ontario Sheet Metal Workers' and Roofers' Conference and Sheet Metal Workers' International Association, Local 269. This application was filed on February 22, 1994.
The Board held a consultation on April 25, 1994 with respect to this application. The work in dispute consists of the removal, handling and installation of 1/2" plywood and wood blocking for flashing as part of a re-roofing contract at Domtar Paper Mill #3, Cornwall, Ontario. Amherst Roofing and Sheet Metal Ltd. ("Amherst") was awarded a contract for the removal of an existing roof and re-roofing from Ross & Anglin Limited. Amherst assigned the re-roofing work to members of the Sheet Metal Workers' International Association, Local 269 ("Sheet Metal Workers"). The United Brotherhood of Carpenters and Joiners of America, Local 93 ("Carpenters") claim that the work in dispute should have been assigned to its members. The Carpenters have a bargaining relationship with Ross & Anglin Limited and the Sheet Metal Workers do not. The Sheet Metal Workers have a bargaining relationship with Amherst but the Carpenters do not.
After reviewing the material and after considering the submissions made by counsel for the Carpenters and counsel for Amherst at the consultation, the Board advised the parties orally on April 25, 1994 that the assignment of the work in dispute to members of the Sheet Metal Workers' International Association, Local 269 was a proper assignment.