Ontario Labour Relations Board
1419-01-JD United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 527, Applicant v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736; Ontario Power Generation Inc.; Electrical Power Systems Construction Association, Responding Parties.
2590-00-G International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 736, Applicant v. Ontario Power Generation Inc., Electrical Power Systems Construction Association, Responding Parties v. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 527, Intervenor.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
APPEARANCES: Neil Meikle and Steve Morrison for the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 527; Gary Caroline, T. Armstrong, D. Keip and C. Wiens for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736; M. Patrick Moran, Paul Dale and Rick Currie for Ontario Power Generation Inc. and Electrical Power Systems Construction Association.
DECISION OF THE BOARD; December 4, 2001
1Board File No. 1419-01-JD is an application concerning a work assignment (jurisdictional dispute) under section 99 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as am. (the “Act”) filed by the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 527 as a result of the referral of a grievance under section 133 of the Act filed by the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 in Board File No. 2590-00-G. During the course of the hearing of the application in Board File No. 1419-01-JD, the parties engaged in settlement discussions and ultimately, with the assistance of the Board, reached a resolution of both proceedings.
2The parties entered into the following minutes of settlement:
Board File No. 2590-00-G
Board File No. 1419-01-JD
ONTARIO LABOUR RELATIONS BOARD
BETWEEN
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 527 (U.A.)
and
International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers , Local 736 (I.W.)
and
Ontario Power Generation Inc. (O.P.G.); The Electrical Power Systems Construction Association
MINUTES OF SETTLEMENT
Whereas the I.W. filed a grievance dated November 27, 2000 (Board File No. 2590-00-G) and whereas the U.A. filed a jurisdictional dispute dated August 13, 2001 (Board File No. 1419-01-JD);
And whereas all parties have agreed to resolve those two proceedings by this agreement which applies only to work claimed by the I.W. and the U.A.;
Therefore the I.W. requests the consent of the Board to withdraw the grievance referred to the Board in Board File No. 2590-00-G.
The U.A. requests leave to withdraw the jurisdictional dispute in Board File No. 1419-01-JD;
And the parties hereto agree to the withdrawal of the jurisdictional dispute on the basis of the Board setting out the following conditions in a decision granting leave to withdraw pursuant to section 99(2) of the Labour Relations Act, 1995, S.O. 1995, c. 1, as am.
This agreement is binding on the parties at Bruce N.P.D. only;
O.P.G. will continue to assign Supplementary Steel on the basis of the January 1974 (May 1972) Supplementary Steel mark up; i.e. Supplementary Steel on civil drawings to be performed by members of the I.W. Supplementary Steel on mechanical drawings to installing trade. The assignment contained in this Supplementary Steel mark up reflects the past practice of the parties up to the date of these Minutes of Settlement.
Where O.P.G. chooses to assign other than as above, it will convene a meeting of the interested trades prior to commencing the work.
It is the intention of O.P.G. to continue including in Civil drawings steel involving structural elements and all multipurpose Supplementary Steel.
It is the intention of O.P.G. to continue including in mechanical drawings Supplementary Steel (except steel involving structural elements) that is to be installed by members of the trade installing the system. This does not include support steel that is included as part of a steel erection package.
The I.W. and the U.A. reserve the right to challenge any decision by O.P.G. to include any particular work on a mechanical or civil drawing.
The term “structural elements” in these minutes does not refer to the physical characteristics (i.e. shape, length, type or size) of the steel.
Nothing in this document is intended to alter existing agreements or practices between Trades or past practice as set out in paragraph 2.
Dated at Toronto this 3rd day of December, 2001.
“Steve Morrison” “Terry Armstrong” “Rick Currie”
For the U.A. For the I.W. For O.P.G.
3The grievance referral in Board File No. 2590-00-G is withdrawn at the request of the applicant in that proceeding.
4Based on the Minutes of Settlement, the Board under section 99(2) of the Act grants the applicant in the application concerning a work assignment (jurisdictional dispute) leave to withdraw its application in Board File No. 1419-01-JD on the following conditions applicable only to work claimed by the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 527 and the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736:
These conditions are binding on the parties at Bruce N.P.D. only;
Ontario Power Generation Inc. will continue to assign Supplementary Steel on the basis of the January 1974 (May 1972) Supplementary Steel mark up; i.e. Supplementary Steel on civil drawings to be performed by members of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers , Local 736. Supplementary Steel on mechanical drawings to installing trade. The assignment contained in this Supplementary Steel mark up reflects the past practice of the parties up to the date of these Minutes of Settlement.
Where Ontario Power Generation Inc. chooses to assign other than as above, it will convene a meeting of the interested trades prior to commencing the work.
It is the intention of Ontario Power Generation Inc. to continue including in Civil drawings steel involving structural elements and all multipurpose Supplementary Steel.
It is the intention of Ontario Power Generation Inc. to continue including in mechanical drawings Supplementary Steel (except steel involving structural elements) that is to be installed by members of the trade installing the system. This does not include support steel that is included as part of a steel erection package.
The International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 527 shall have the right to challenge any decision by Ontario Power Generation Inc. to include any particular work on a mechanical or civil drawing.
The term “structural elements” in these conditions does not refer to the physical characteristics (i.e. shape, length, type or size) of the steel.
Nothing in these conditions is intended to alter existing agreements or practices between Trades or past practice as set out in paragraph 2 of the conditions set out above.
5The application in Board File No. 1419-01-JD is withdrawn on the conditions set out above with leave of the Board.
“Harry Freedman”
for the Board