1708-99-G Labourers International Union of North America, Local 1059, Applicant v. Comstock Canada Ltd., Responding Party v. International Brotherhood of Electrical Workers, Local 120, Intervenor.
2484-99-JD International Brotherhood of electrical Workers, Local Union 120, Applicant v. Labourers’ International Union of North America, Local 1059, and Comstock Canada Ltd., Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 8, 2000
Board File No. 1708-99-G is a referral of a grievance to arbitration under section 133 of the Labour Relations Act, 1995 (the “Act”). Board File No. 2489-99-JD is an application concerning a work assignment under section 99 of the Act.
During the course of the hearing in this matter the parties entered into the following agreement:
Board File No. 2482-99-JD [sic]
Agreement
BETWEEN:
International Brotherhood of Electrical Workers, Local 120 (IBEW 120),
‑ and ‑
Labourers’ International Union of North America, Local 1059 (LIUNA 1059)
In resolution of the above noted Board File No. 2482-99-JD [sic] the parties agree as follows:
IBEW 120 does not dispute the assignment of work to LIUNA 1059 of the hand digging and backfilling of deep trenches in conjunction with a backhoe, or the hand back filling or compacting of such trenches at the Westcast Foundry, Wingham.
LIUNA 1059 does not dispute the assignment of work to IBEW 120 at the Westcast Foundry described as digging shallow trenches for installation of cable or wire or conduit with a ditchwitch and the minor hand digging associated with completing such trenches.
The parties agree that this agreement is without precedent and or prejudice with respect to their positions on other work assignments at Westcast Foundry or otherwise which are not set out herein.
LIUNA 1059 hereby withdraws its grievance in Board File 1708-99-G.
The parties agree that this agreement shall be issued as a consent order by the Board.
Dated at Toronto this 23rd day of February, 2000.
“John J. O’Brien” . “Manuel S. Reis” .
IBEW Local 120 LIUNA 1059
John J. O’Brien Manuel S. Reis
- Having regard to the above agreement, Board File Nos. 1708-99-G and 2489-99-JD are hereby withdrawn with leave of the Board.
"John Morgan Lewis"
for the Board