[1997] OLRB REP. MARCH/APRIL 234
0293-96-JD Iron Workers District Council of Ontario International Association of Bridge, Structural and Ornamental Iron Workers, Local 786, Applicants v. Jaddco Anderson Limited, United Brotherhood of Carpenters and Joiners of America, Local 446, Responding Parties
BEFORE: Jules B. Bloch, Vice-Chair, and Board Members W N. Fraser and C. McMenemy.
APPEARANCES: Gary Caroline and Cordon Verdecchia for the applicants; David L. Brisbin and Craig Mosher for Jaddco Anderson Limited; David McKee and Gil Scott for United Brotherhood of Carpenters and Joiners of America, Local 446.
DECISION OF THE BOARD; March 18, 1997
1. This is a jurisdictional dispute complaint brought pursuant to section 99 of the Labour Relations Act, 1995 (the "Act").
2. A consultation was held in this matter and the Board determined that it was unnecessary to hold a formal hearing, and that the assignment of work could be decided on the material filed.
3. The work in dispute is the oft' loading, rigging moving, handling, fabrication, cutting, welding, fitting, bolting, and installation of removable steel molds and accompanying steel supports for an iron runner box at Algoma Steel.
4. The work in dispute was assigned by Jaddco Anderson Limited ("Jaddco") to members of the applicant International Association of Bridge, Structural and Ornamental Iron Workers, Local 786 (the "applicant" or "Local 786").
5. The project involves the reline of the iron runner trough at the number 7 blast furnace at Algoma Steel in Sault Ste. Marie. The blast furnace is the initial stage of the steel refining process. Iron ore is melted at very high temperatures in a large steel furnace lined with heat resistant bricks. When the ore has reached the proper temperature, a hole is opened in the furnace and the molten iron runs out of the furnace and down a 50 foot sloped trough called an "iron runner".
6. Formerly a construction contractor would be hired to scrape off the old refactory material from the bricks and pour and pack new refactory material on top of the bricks. The refactory material was generally made of clay and the contractor would be required to pack the clay using pneumatic hammers. This procedure cost significant amounts of money and was very time consuming, in part because it was difficult to ensure the accuracy of the angles and the smoothness of the trough surface using this method.
7. Jaddco received the contract to rebuild this trough. Part of the rebuilding of this furnace included the use of a new technology to create a lining which would allow the molten iron to flow down the slope of the trough. This new technology involved the use of "dry vibe" and a steel casting mold. This new system and method would eliminate the need to rebuild the trough at the end of its life, or when a section was worn out.
8. The system being constructed at the Algoma Plant is designed to allow the plant workers themselves to install a new dry vibe lining in the iron runner. Jaddco was contracted to construct a removable and reusable steel mold which is bolted onto steel supports which are embedded into the cast house floor every four feet along the runner system. The bolt holes drilled in the steel supports correspond to the required slope of the runner system. The dry vibe is placed, vibrated and then heated. Once it is set, the cast is removed. What is left after this process is a sloped trough which is smooth and at the angle necessary for the iron molten to flow down.
9. For the following reasons, we find that the work in dispute is the work of the ironworkers.
10. The skill set necessary to complete this job includes welding and cutting ten inch structural steel, and the rigging, handling and installing of structural steel. The carpenters have, cut, welded and rigged structural steel in the past, however, it is clear that those skills do not form part of the carpenters core skills. Rigging, welding, cutting and installing structural steel are the core skill of the ironworkers. In our view the criteria of skill and ability favours the ironworkers.
11. In our view the trade agreement does not apply to this work. The work in question does not include the on site installation, fabrication of steel supports and braces in respect of concrete forms. We view the structural steel beams, which are embedded in the floor of the steel mill, as an integral and permanent part of the "iron runner". We find that Jaddco was constructing a permanent casting system which would allow in-plant forces to reline the iron runner with dry vibe on an as needed basis.
12. In respect of employer practice we note that this type of system was installed elsewhere in the Province and the carpenters did not claim the work at that time. Although this in and of itself does not create a jurisdictional award, it certainly supports the view that this work is in fact the work of the ironworkers.
13. It is true that carpenters set anchor bolts, from time to time rig structural steel, and even as we understand it weld structural steel for the purpose of creating pile drivers. However, the skills referred to above are periphery skills for the carpenter. In our view, the ability to do certain skills cannot, on its own, capture jurisdiction which is clearly the core skill set of another trade.
14. For the reasons above, we find that the employer properly assigned this work to the ironworkers.