Board of Governors of Exhibition Place v. International Alliance Theatrical Stage Employees, Local 58 (I.A.T.S.E.)
[1994] OLRB Rep. April 381
4224-93-JD Board of Governors of Exhibition Place, Applicant v. International Alliance Theatrical Stage Employees, Local 58 (I.A.T.S.E.), Labourers' Interna- tional Union of North America, Local 506 (L.I.U.N.A.), Kianside Inc. and Elite Show Services, Responding Parties
BEFORE: G. T. Surdykowski, Vice-Chair, and Board Members F. B. Reaume and H. Kobryn.
APPEARANCES: Carl Peterson, Tom Ervin, Ron Mills and Peter Scarsella for the applicant; T. W. Pratt for I.A.T.S.E.; John Monger, George Dixon and Bob Maskey for L.I.U.N.A.; Kathy O'Hara and Harold O'Hara for Klanside Inc. and Elite Show Services.
DECISION OF THE BOARD; April 19, 1994
This is a complaint concerning an assignment of work; that is, a jurisdictional dispute, brought to the Board under section 93 of the Labour Relations Act.
All parties filed written materials with respect to the complaint, and attended at the consultation scheduled by the Board on April 8, 1994. No party made any request or suggestion that the Board conduct a formal hearing, or that the Board hear evidence with respect to any mat-ter in issue. Upon considering the materials filed, and the representations of the parties at the con-sultation on April 8,1994, the Board concluded that the complaint could properly be disposed of on the basis of those materials and representations. The Board therefore ruled, orally, that:
(a) there was no issue with respect to which the Board either found it necessary to or wished to hear evidence;
(b) the Board would dispose of the complaint on the basis of the materi-als and representations before the Board; and
(c) the complaint should be allowed and the relief requested should be granted.
- There were some differences in the description of the work in dispute contained in the materials filed by the parties. At the consultation, however, the parties agreed that the work in dis-pute in this proceeding is:
the erection and setting in place of flats and risers on the stage, and the dismantling of the same, for the Toronto Bridal Show and the National Bridal Show at the Queen Elizabeth Exhibition Hall at Exhibition Place.
- In complaints concerning work assignments, the Board generally considers the factors first set out in Canada Millwrights Ltd., [1967] OLRB Rep. May 195. These factors have since been summarized in the jurisprudence as follows:
collective bargaining relationships
skill and training
economy and efficiency
employer practice and preference
area practice
As the decided cases demonstrate, this is not an exhaustive list. It is neither possible to make an exhaustive list, nor appropriate to mechanically apply some formula or list of factors to a jurisdic-tional dispute complaint. Instead, the Board considers whatever factors are relevant to the particu-lar dispute before it, which may include some or all of the factors listed above, or others which are not. Further, some of the five factors listed above will be of little assistance in any given case. In recent years, for example, the jurisdiction asserted by various trade unions in their collective agreements (or constitutions) have become so broad that little weight can be given to some of them. In cases