[1998] OLRB REP. MARCH/APRIL 231
2489-97-JD United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 663, Applicant v. Kel-Gor Limited and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Responding Parties
BEFORE: G. T. Surdykowski, Vice-Chair, and Board Members J. C. Knight and C. McMenemy.
APPEARANCES: Laurence C. Arnold and Robert Humphreys for the applicant; Bruce Binning and Ron Gordon for Kel-Gor Limited; David McKee and Jim Tinney for International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128.
DECISION OF THE BOARD; April 24, 1998
This is a jurisdictional dispute complaint proceeding under section 99 of the Labour Relations Act, 1995. When a complaint concerning an assignment of work is filed under this provision, the Board is not required to hold a hearing (subsection 99(3)) and may make any interim or final order the Board considers appropriate after consulting with the parties (subsection 99(5)). A consultation need not include an appearance before the Board, although the Board generally does afford such an opportunity to the parties. In this case, in addition to requiring the parties to submit the usual briefs, the Board convened a consultation on March 12, 1998 in order to hear from the parties orally.
No one requested a formal hearing, or an opportunity to call evidence, either generally or with respect to a particular issue. No one suggested that the Board should not or could not dispose of this complaint on the basis of the written materials and what was said at the consultation. Further, the Board considers it appropriate to do so.
This is not a "typical" jurisdictional dispute, in the sense that it involves a consideration of construction industry and non-construction industry concerns, and the interface between the two.
There are several specific items which constitute the work in dispute in this complaint:
(1) The fabrication, installation and testing of piping and supports for skid units and cold boxes for which a "UA label" is not required.
(2) All work on convection boxes of oil heaters for which a "UA label" is not required.
(3) The off-loading, handling and installation of heat exchangers and vessels weighing three tons or less in relation to cold boxes and skid units.
(4) The welding and installation of piping and tubing in connection with the fabrication of furnace or heater units.
(5) The welding and installation of tubing connected with the fabrication of polyurethane reactors.
The UA claims all the work described in points 1, 2 and 3, the installation work described in points 4