3337-98-JD Labourers’ International Union of North America, Local 1059, Applicant v. Ontario Power Generation Inc., Electrical Power Systems Construction Association and The International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Responding Parties v. Brick and Allied Crafts Union – Canada, Local 12, Intervenor #1 v. The International Union of Bricklayers and Allied Craftsmen, Intervenor #2.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
APPEARANCES: Carolyn Hart and Clayton Bell for the applicant; M. Patrick Moran, Rick Currie, Jim Scattergood and Walter Winiarski for the responding company; Douglas J. Wray, George McGeachie for the responding union; Andrea Bowker, L. A. Richmond and Marcel Secours for Brick and Allied Crafts Union – Canada, Local 12; Donald K. Eady for The International Union of Bricklayers and Allied Craftsmen.
DECISION OF THE BOARD; July 11, 2000
The style of cause is hereby amended to reflect the correct name of the responding company as: “Ontario Power Generation Inc.” (“OPGI”)
This is an application concerning a jurisdictional dispute filed pursuant to section 99 of the Labour Relations Act, 1995 by Labourers’ International Union of North America, Local 1059. This application was filed on December 24, 1998.
The Board held a consultation with respect to this application on June 7, 1999. The Board heard extensive submissions by the parties on how they viewed facts of this jurisdictional dispute. The consultation continued most of the day and at the end of the day the applicant together with the intervenor union requested an adjournment to investigate the new facts that had not previously been pleaded but raised during the consultation. The Board granted the adjournment. The consultation process resumed on November 18, 1999.
The nature of the dispute can be briefly summarized as follows. OPGI assigned the “removal and replacement of loose concrete blocks over top of boilers in Unit No.’s 7 and 8 of the Bruce Nuclear Power Development (the “B.N.P.D.”)” to a crew of Boilermakers. The applicant, Local 1059 claimed that this work should have been assigned to the members of the Labourers’ Union. The intervenor union Brick and Allied Crafts Union – Canada, Local 12 (“Local 12”) joined with the applicant’s claim in principal, however their position was that the work in question should have been assigned to a composite crew of labourers and bricklayers. Both the Boilermakers and OPGI took the position that the assignment was correct and that the assignment as made should be upheld by this panel of the Board.
The parties in this dispute supplied the Board with detailed practice evidence of OPGI (Ontario Hydro) when assigning this or work of a similar nature in the past.
At the end of the second day of the consultation, the Board reserved on the question of the correct assignment.
After reviewing the materials filed and having considered the representations of the parties made during the course of the consultation, the Board declines to change the assignment as made by OPGI.
The Board confirms the assignment of the disputed work to the Boilermakers.
“Inge M. Stamp”
for the Board