[1999] OLRB REP. JULY/AUGUST 600
3837-98-JD; 4114-98-JD Ironworkers District Council of Ontario, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 700, Millwrights District Council of Ontario, Millwrights, Local 1244, United Brotherhood of Carpenters and Joiners of America, Applicants v. E.S. Fox Limited, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Responding Parties; Ontario Sheet Metal Workers and Roofers Conference, Sheet Metal Workers International Association Local 235, Applicants v. E.S. Fox Limited, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Responding Parties
BEFORE: Jules B. Bloch, Vice-Chair and Board Members G. Pickell and G. McMenemy.
APPEARANCES: S.B.D. Wahl and G. Michaluk for fronworkers District Council of Ontario, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 700; R. Lumley for the Millwrights, Local 1244; R. Mcintyre for Sheet Metal Workers International Association Local 235; W J. McNaughton and Walter Riegler for E.S. Fox Limited; David Matheson and Dale Quinn for International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128.
DECISION OF THE BOARD; July 5, 1999
- This is a work assignment dispute filed by the Ironworkers District Council of Ontario, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 700 ("Ironworkers") and Millwrights, Local 1244 ("Millwrights") in respect of the Berlie Biosolids Project wherein E.S. Fox Limited was retained as the general contractor. A consultation was held on June 9 and the Board gave the following oral decision at the hearing:
This is ajurisdictional dispute filed by the tronworkers and Millwrights in respect of the installation of already fabricated material which formed part of an integrated material handling system which included a conveyor system in Bord Area I. In particular the components in dispute were the following:
Sludge Receiving Bin
Sludge Holding Tank
Recycling Bin
Silos.
The International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128 ("Boilermakers") asserted and we find that the Boilermakers have a claim to the above-noted work both on the basis of their collective agreement and their constitution.
The Ironworkers and Boilermakers entered into a May 28, 1926 agreement that the Boilermakers rely on in these proceedings. In our view that agreement has never been applied to the work in dispute, in Board Area 1.
The Ironworker and Millwright Contractors practice with General Riggers and Erectors of Canada Ltd. (phosphate system Chrysler Windsor); Nicholls-Radtke & Associates Limited (Chrysler Paint Shop Windsor); State Contractors Incorporated (DNN Hot Dip Galvanizing Line #1 Windsor); R.J. Cyr Company Limited (Ford Windsor Casting Windsor); PMI Chatham Ethanol Plant; prevails. We find that the practice established at these sites was open and notorious. The Boilermakers knew or ought to have known that work similar to the work in dispute was being performed at these installations in Board Area 1.
The employer followed the area practice as they found it, in Board Area 1. We would uphold the employer's assignment which awarded the work in dispute to equal numbers of members of Ironworkers, Local 700 and Millwrights, Local 1244 performing al work functions interchangeably.
- A second jurisdictional dispute was set for hearing on June 9, 1999. The dispute involved an assignment of work by E.S. Fox Limited in respect of claims by the Sheet Metal Workers International Association Local 235 ("Sheet Metal") and the Boilermakers. The parties agreed to have this matter listed for hearing on November 22, 1999, at the Board offices at 505 University Avenue, 2nd Floor, commencing at 9:30 a.m.