Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited
0019-01-JD Labourers’ International Union of North America, Local 1089, Applicant v. Doug Chalmers Construction Limited and United Brotherhood of Carpenters and Joiners of America, Local 1256, Responding Parties.
3973-99-G Labourers’ International Union of North America, Local 1089, Applicant v. Doug Chalmers Construction Limited, Responding Party v. United Brotherhood of Carpenters and Joiners of America, Local 1256, Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; May 10, 2001
1Board File 3937-99-G is a referral of a grievance in the construction industry, pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). It is one of a number of grievances, all relating to the responding party’s assignment of work related to the tending of carpenters engaged in the erection and dismantling of scaffold in Board Area #2. In a decision dated April 28, 2000, the Board directed, based largely on the parties’ agreement, that the other grievance referrals be adjourned pending the Board’s determination of the grievance in Board File No. 3937-99-G. It was the most recently filed grievance, and raised issues with respect to a range of scaffold jobs, permitting the Board and the parties to focus on events that were fresher and likely to lead to a more comprehensive and helpful decision.
2As the parties prepared to argue that case, the Labourers’ International Union of North America, Local 1089 (the Labourers) came to the conclusion that it would be preferable to bring another jurisdictional dispute application. While counsel recognized that the Labourers could bring such an application unilaterally, it was acknowledged that it was to all parties’ (and the Board’s) benefit to rationalize and limit the amount of litigation. With the assistance of the Chair of the Board, a “process” for moving forward was negotiated.
3In a Memorandum of Agreement dated February 14, 2001, the parties agreed to adjourn the grievance referral in Board File No. 3937-99-G. The Labourers undertook to file a jurisdictional dispute application, and a schedule for responses and replies was set out. The parties presented the Memorandum to the Board, which agreed with their plan for proceeding.
4In addition, the Labourers asked the Board to order the United Brotherhood of Carpenters and Joiners of America Local 1256 (the Carpenters) to produce historical remittance reports made by Steeplejack Services and Total Support, competitors of Doug Chalmers Construction Ltd. (Chalmers) in Board Area #2. Counsel submitted that the remittance reports would assist the Labourers to establish the ratio of carpenters to labourers used by Chalmers’ competitors on their scaffold crews, and so, establish the area practice. The Carpenters objected to the production request on the basis that collecting the information would be a lot of work, and, in any event, would be so limited in its usefulness that it did not meet the test of arguable relevance.
5The Board declined to make the production request. While agreeing that area practice was a relevant issue, the Board was not satisfied that the remittance reports would assist. The reports, without more, would not identify whether the carpenters were doing scaffolding, much less indicate the particular circumstances in which the work was being performed.
6The jurisdictional dispute, Board File 0019-01-JD was filed on April 2, 2001.
7Having regard to the agreement of the parties:
- Board File No. 3937-99-G is adjourned sine die pending the outcome of the jurisdiction dispute in Board File 0019-01-JD.
- The jurisdictional dispute is set down for adjudication as follows: June 20, 2001 for a pre-consultation conference; June 28 and 29, August 8, 9, 10, 13, 14 and October 29 and 30 for consultation, commencing each day at 9:30. All dates are scheduled at the Board’s premises, 505 University Avenue, 2nd Floor, Toronto, Ontario.
8This panel of the Board is seized.
“Mary Ellen Cummings”
for the Board