Ontario Labour Relations Board
Parties
2052-01-G International Association of Bridge Structural Ornamental and Reinforcing Iron Workers, Local 736, Applicant v. Cover-All Building Systems, Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; November 5, 2001
Decision
The style of cause is amended to reflect the name of the responding party as: “Cover-All Building Systems”.
This is a referral of grievance to the Board for determination under section 133 of the Labour Relations Act, 1995 (the “Act”).
Counsel for the responding party, Cover-All Building Systems, advised the Board by letter dated October 31. 2001 that the applicant has agreed to adjourn this grievance pending the filing of a jurisdiction dispute pursuant to section 99 of the Act.
The responding party, Cover-All Building Systems, indicated that either it or the United Brotherhood of Carpenters and Joiners of America (“Carpenters”) will file a jurisdictional dispute within thirty (30) days of October 31, 2001. The work in question was assigned to the Carpenters.
The Board notes that the named responding party Cover-All Building Systems, has filed a Form A-87 Notice Of Intent To Defend/Participate.
The grievance letter dated September 27, 2001 alleges the employer, Cover-All Building Systems, is bound to and has violated the collective agreement between the Electrical Power Systems Construction Association (EPSCA) and the applicant. The referral of grievance names the responding party as Cover-All Building Systems and Electrical Power Systems Construction Association. Since EPSCA is not an employer it cannot be a responding party to this grievance. In any event the original grievance letter that is the subject of this referral is only with respect to Cover-All Building Systems. The style of cause is amended to reflect the name of the responding party as it is shown in the grievance letter.
The parties to this referral have agreed to adjourn this matter pending the filing of a jurisdiction dispute within 30 days of the responding party’s letter dated October 31, 2001. The parties are directed to advise the Board how they wish to proceed in the event that a jurisdictional dispute is not filed by the deadline. The Board notes that the applicant has indicated that the Carpenters are an organization that may be affected by this referral. The Board directs that a copy of this decision be sent to the Carpenters.
On agreement of the parties the mediation meeting scheduled for November 8, 2001 and any subsequent hearing dates are adjourned pending the resolution of the jurisdictional dispute.
“Inge M. Stamp”
for the Board