2594-98-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. A.C. Leadbetter & Sons Inc., Responding Party v. Millwright Regional Council of Ontario, Intervenor.

BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and

A. Haward.

APPEARANCES: Gary Caroline and Jim Lajeunesse for the applicant; Carl Peterson and Chris Little for the responding party; Pierre Sadik and James O’Neill for the intervenor.

DECISION OF THE BOARD; September 18, 2000

1This is a referral of grievance to arbitration under section 133 of the Labour Relations Act, 1995 (the “Act”). The applicant alleges the employer has violated the collective agreement by subcontracting work at Algoma Steel, to an entity which is not in contractual relations with the union. In the alternative the applicant alleges the employer is employing persons who are not members of the union. The work being performed includes the installation of a heat treatment furnace.

2This matter was adjourned sine die on agreement of the parties, in November 1998. It was rescheduled for hearing in January 1999.

3The responding party, A.C. Leadbetter & Son, Inc. (“Leadbetter”) asserts the applicant’s grievance gives rise to a jurisdictional dispute between the applicant, Ironworkers Local 786 (“Ironworkers”), and the Millwright Regional Council of Ontario (the “Millwrights”). Leadbetter submits there was no breach of the collective agreement as the work in dispute was properly assigned to members of the Millwrights.

4The Millwrights filed an intervention in this grievance asserting the work in question was assigned to and is performed (or was performed) by its members.

5The responding party, Leadbetter, and the intervenor Millwrights submit this matter should be adjourned sine die pending the disposition of the jurisdictional dispute. This matter was scheduled for hearing argument on a motion to adjourn this grievance pending the determination of a jurisdictional dispute.

Facts not in dispute:

6Leadbetter is bound to the Ironworkers’ ICI collective agreement.

7The work in issue concerns the installation of a heat treat furnace at Algoma Steel’s 166 Mill Project in Sault Ste. Marie, Ontario. Leadbetter subcontracted the work described as “Plate Mill Normalising – Tempering Furnace Installation” to Superior Industrial Services (“Superior”).

8Superior is not bound to any collective agreement with the Ironworkers union. Superior employed members of the Millwrights and the Pipefitters union to perform the work which is claimed by the Ironworkers. Notice of this matter was provided to the Pipefitters Union. They did not file an intervention.

9After Leadbetter received the grievance from the Ironworkers union, Counsel for Leadbetter wrote to Superior on November 23, 1998 advising as follows:

“Pursuant to the