[1999] OLRB REP. NOVEMBER/DECEMBER 1008
4114-98-JD Ontario Sheet Metal Workers and Roofers Conference, Sheet Metal Work- ers 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
Construction Industry - Jurisdictional Dispute - Sheetmetal Workers' union and Boil-ermakers' union disputing assignment of certain work - Boilermakers' union subsequently with-drawing grievance claiming disputed work - Board terminating jurisdictional dispute proceedings as moot
BEFORE: Jules B. Bloch, Vice-Chair, and Board Members G. Pickell and G. MeMenemy
DECISION OF THE BOARD; December 6, 1999
This is an application pursuant to section 99 of the Labour Relations Act, 1995, 5.0. 1995, c. 1, (the "Act"). It involves a work dispute complaint which was initiated by the Ontario Sheet Metal Workers and Roofers Conference and Sheet Metal Intemational Association Local 235 ("Sheet Metal").
- The parties attended at the hearing on Monday, November 22, 1999. After hearing submissions the Board issued the following oral ruling:
Oral Ruling
(i) The work in dispute, with a slight modification which is underlined below, is found at the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128 ("Boiler-makers") at paragraph 18 and is reproduced in the next paragraph.
(ii) The work in dispute with respect to the Sheet Metal Workers application consist of all working connection with the installation of the following components of the Berlie Biosolids Project:
Equipment Number Description
990 Odour control unit
1240 Cyclone
2030, 2040, 2050 Combustion chamber and heat exchanger
2031 Fan
2410 Demister
2510 Primary baghouse
2710 Primary airfan
2830 Exhaust stack
3140 Silos
3180, 3190 Dust collector c/w exhaust fan
including interconnecting duct work.
(iii) On November 19, 1999 the Boilermakers advised the Board by letter that they have withdrawn their grievance as it pertains to the Sheet Metal Workers. The Boilermakers assert that the jurisdictional dispute hearing scheduled to proceed on Monday, November 22, 1999 is moot and ought not to proceed.
(iv) Having heard the submissions of counsel, including the submissions that our discretion in respect of section 99(1) and 99(2) of the Act is different than section 99(1) and 99(2) of the previous Ontario Labour Relations Act (a submission which we do not have to deal with in deciding this case). We find that pursuant to our jurisdiction under section 99(3) and 99(5) of the Labour Relations Act, we would terminate the proceeding as the underpinning work assignment claim, in the form of a grievance, has been withdrawn. The jurisdictional dispute is moot.
(v) In terms of a policy direction, we would concur with the submissions proffered by counsel for E.S. Fox and Sheet Metal wherein they note that the Board should institute a policy which requires the party grieving the underlying work dispute to be the party which files the actual jurisdictional dispute and consequently has carriage of the work assignment dispute. Thus, if a party withdraws the work assignment claim in the form of a grievance, it can also withdraw the actual work assignment dispute in respect of the jurisdictional proceeding at the Board. This approach would alleviate the need for the type of issue that was before the Board today. It is important for the Board to minimize the potential for unnecessary hearing time.
- This proceeding is terminated.