[1997] OLRB REP. NOVEMBER/DECEMBER 1046
0744-96-JD; 1323-96-JD Sheet Metal Workers' International Association, Local 562, Applicant v. Semple-Gooder Roofing Limited, Bothwell-Accurate Co. Ltd. and United Brotherhood of Carpenters and Joiners of America, Local 785, Responding Parties; Sheet Metal Workers' International Association, Local 562, Applicant v. Dean-Chandler Roofing Ltd. and United Brotherhood of Carpenters and Joiners of America, Local 785, Responding Parties
BEFORE: D. L. Gee, Vice-Chair, and Board Members W N. Fraser and G. McMenemny
APPEARANCES: J. Raso and Ralph Zuccala for the applicant; Henry Dinsdale and Frank Baxter for Semple-Gooder Roofing Limited; Henry Dinsdale and Ralph Jamnieson for Bothwell-Accurate Co. Ltd.; Henry Dinsdale and Bob Goodale for Dean-Chandler Roofing Limited; N. L. Jesin and Gerry Sutton for United Brotherhood of Carpenters and Joiners of America, Local 785.
DECISION OF THE BOARD; December 2, 1997
These matters are two applications concerning jurisdictional disputes filed pursuant to section 99 of the Labour Relations Act, 1995 (the "Act").
The work in dispute in both files consists of the handling and installation of wood blocking as part of the installation of a new built-up roofing system at the Toyota Plant, Cambridge, Ontario. In Board File No. 0744-96-JD Semple-Gooder Roofing Limited ("Semple-Gooder") was awarded a contract for the work in dispute from Shimizu Canada Engineering Corporation. Semple-Gooder entered into a joint venture agreement with Bothwell-Accurate Co. Ltd. ("Bothwell-Accurate") pursuant to which Semple-Gooder performed approximately 60 percent of the work and Bothwell-Accurate performed 40 percent of the work. In Board File No. 1323-96-JD, Dean-Chandler Roofing Ltd. ("Dean-Chandler") was awarded a contract for the work in dispute from Ellis-Don Limited. In each case, the work was assigned to members of the Sheet Metal Workers' International Association, Local 562 ("Sheet Metal Workers"). The United Brotherhood of Carpenters and Joiners of America, Local 785 ("Carpenters") claims that the work in dispute should have been assigned to its members.
The Board held a consultation in these matters on November 26, 1997. After hearing the representations of counsel for the Carpenters, the Board advised the parties orally that the assignment of the work in dispute in both Board files to members of the Sheet Metal Workers was a proper assignment. In our view, the relevant practice evidence is that relating to a built-up roofing system. The employer practice evidence relating to built-up roofing systems favours the applicant. The area practice evidence with respect to built-up roofing systems favours the applicant or is at best a neutral factor. The factor of economy and efficiency strongly favours the applicant. The factors of employer practice and preference and decisions of record favour the assignment of the work in dispute to the Sheet Metal Workers. The remaining factors are neutral.