[1999] OLRB REP. NOVEMBER/DECEMBER 1004
1470-97-G; 2722-97-JD Labourers' International Union of North America, Local 1089,
Applicant v. Doug Chalmers Construction Limited, Responding Party v.United Brotherhood of Carpenters and Joiners of America, Local 1256, Intervenor; United Brotherhood of carpenters and Joiners of America Local 1256, Applicant v. Labourers' International Union of North America Local 1089 and Doug Chalmers Construction Limited, Responding Parties
Construction Industry - Jurisdictional Dispute - Labourers' union and Carpenters' union disputing assignment of work in connection with installation of new base, including foundation walls, at existing storage tanks at oil refinery in Lambton County - Board directing assignment of disputed work to composite crew including equal numbers of carpenters and labourers
BEFORE: Harry Freedman, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
APPEARANCES: Norman L. Jesin and Ron Canton for United Brotherhood of Carpenters and Joiners of America Local 1256; Richard J. Drmaj and Doug Chalmers for Doug Chalmers Construction Limited; A. M. Minsky and Robert Leone for Labourers' International Union of North America Local 1089.
DECISION OF THE BOARD; December 1, 1999
- This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c. 1 as amended (the "Act") (Board File No. 1470-97-G) and a complaint concerning the assignment of work under section 99 of the Act (Board File No. 2722-97-JD). Board File No. 2722-97-JD came before the Board for a consultation pursuant to section 99 (5) of the Act on November 30, 1999 while the referral in Board File No. 1470-97-G was scheduled for hearing at the same time before this panel of the Board. The Board deferred consideration of the grievance referral and proceeded to engage in the consultation with the parties and their counsel.
At the conclusion of the consultation, the Board delivered the following oral decision:
The work in dispute concerns the installation of a new base, including the foundation walls, at existing storage tanks at the Suncor Inc. refinery in Lambton County. Having regard to the pleadings, the submissions of the panics, and the particular nature of the work as described in the pleadings, the Board directs the assignment of such work to a crew that includes equal numbers of persons who are members of the United Brotherhood of Carpenters and Joiners of America, Local 1256 ("Local 1256") and persons who are members of the Labourers' International Union of North America, Local 1089 ("Local 1089").
- Following the Board's order with respect to the assignment of work, Local 1089 requested that its grievance in Board File No. 1470-97-G be withdrawn. Therefore, the referral of the grievance to the Board in Board File No. 1470-97-G is withdrawn at the request of the applicant.