Ontario Labour Relations Board
3705-98-HS International Brotherhood of Electrical Workers, Local 353, Applicant v. Ellis-Don Construction Ltd., Ministry of Labour, and Inspector Vicki DiRenzo, Responding Parties.
3248-99-JD Labourers’ International Union of North America, Local 506, Applicant v. International Brotherhood of Electrical Workers, Local 353 and Ellis-Don Construction Ltd., Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; March 27, 2000
1These two applications are an application under the Occupational Health & Safety Act, R.S.O. 1990, ch. 0.1 (“OHSA”) and a jurisdictional dispute filed under the Labour Relations Act, 1995, S.O. 1995, ch. 1 (“LRA”). Both applications arise out of the performance of work at the Court House Project in Brampton. None of the parties have made any submissions about how to schedule the two matters.
2A jurisdictional dispute is always scheduled, at least initially, as a consultation. Applications under the OHSA are dealt with by way of hearing. The two processes do not fit easily together. The Board has on occasion dealt with issues (e.g. sector of the construction industry) in the course of a jurisdictional dispute that might be the subject of a separate application under the LRA. However, it does not appear the Board has ever done this with respect to an OHSA application.
3The parties are directed to file their submissions as to the process each says the Board should follow in scheduling these two matters on or before 5:00 p.m. on Tuesday, April 4, 2000.
4I am not seized of these applications.
“David A. McKee”
for the Board