[1997] OLRB Rep. September/October 830
0013-97-JD; 1289-97-JD; 4204-96-JD; 4206-96-JD
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 508, Applicant v. Comstock Canada Ltd. and Labourers' International Union of North America, Local 1036, Responding Parties;
Sheet Metal Workers' International Association, Local 504, Applicant v. Comstock Canada Ltd. and Labourers' International Union of North America, Local 1036, Responding Parties;
Millwright District Council of Ontario and its Local 1425, Applicant v. Comstock Canada Ltd. and Labourers' International Union of North America, Local 1036, Responding Parties;
Iron Workers District Council of Ontario and International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786, Applicants v. Comstock Canada and Labourers' International Union of North America, Local 1036, Responding Parties
BEFORE: Robert Herman, Alternate Chair, and Board Members W N. Fraser and G. McMenemy.
APPEARANCES: Pierre Sadik and Mike Stewart for Millwright District Council of Ontario and its Local 1425; J. Raso, Tom Whynott and K. Brown for Sheet Metal Workers' International Association, Local 504; CM. Mitchell and Bill Suppa for Labourers' International Union of North America, Local 1036; Gary Caroline and James Lajeunesse for Iron Workers District Council of Ontario and International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786; Laurence C. Arnold and Bryan Christie for United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 508; Denis Flynn for Comstock Canada Ltd.
DECISION OF THE BOARD; October 15, 1997
These are four related jurisdictional disputes filed pursuant to the provisions of section 99 of the Act, for which the Board scheduled a consultation.
The work in dispute comprises one portion of the contract that Comstock Canada Ltd. ("Comstock") had to erect and install a "direct strip mill" for Algoma Steel Corporation. The work involves the uncrating and unpacking of equipment which is subsequently rigged and/or installed, and the dismantling and/or disposal of the packaging material for that equipment or any scrap that results from its unpacking. Comstock assigned different parts of the work in dispute to members of Local 504 of the Sheet Metal Workers, Local 786 of the Ironworkers, Local 508 of the United Association, and Local 1425 of the Millwrights. None of the work was assigned to members of Local 1036 of the Labourers.
The Labourers subsequently filed a grievance with Comstock alleging that their collective agreement had been breached with respect to the "stripping of scrap crates". Ultimately the grievance was adjourned, and the four instant disputes were filed.
At the consultation, the Board provided the following decision orally:
(1) As the Board ruled earlier, it is satisfied that the work of uncrating the equipment or machinery was properly assigned to the trades, and should not have been assigned to the Labourers. By "uncrating", the Board means and includes the removal of the shell in which the equipment or machinery was contained, and the removal of any packaging material or any other material in which the equipment was shipped or by which it was buttressed. Included in the concept of "packaging material" is any material which forms part of the packaging or support for the equipment.
(2) The remaining question is over the correct assignment of the dismantling and disposal of this packaging material, whether it be the outside shell or any packaging material surrounding or buttressing the equipment or machinery.
(3) In balance, it appears to the Board that the following should apply with respect to the assignment made by Comstock. Where the shell or packaging material is dismantled and/ or disposed of as the equipment or machinery is being uncrated and/or rigged, then this is the work of the trades, and not the Labourers. Included in this description would be cutting any of the packaging or shell to size, the removal of the shell itself, and the disposal of any of the packaging material in a dumpster or the putting of it on a flat bed truck for removal, or other means of disposal.
(4) Once the equipment or machinery is entirely uncrated or unpackaged, and all that remains is the crate or other packaging material, separate and apart from the equipment or machinery, then the dismantling of or disposal of or clean-up of this material is the work of the Labourers.
(5) We might usefully provide two examples to illustrate our decision. First, as a crate is removed, and as the sides of the shipping crate are torn off, whether they need to be cut up and put in a dumpster or not, this would be the work of the trades. Second, after the crate is torn off, should the sides of the crate simply be lying there on the ground after the equipment has been extracted from all of its packaging, the disposal of the material left lying around on the ground would be the work of the Labourers.