Richard J. Drmaj

The applicant union referred a grievance to arbitration alleging the employer discriminated against a union steward by not assigning him overtime scaffolding work.

The employer and an intervenor union requested an adjournment pending the outcome of a separate jurisdictional dispute application regarding scaffolding work.

The Board denied the adjournment request, finding that the grievance involved purely a question of collective agreement interpretation and application, as the employer had already assigned the work to members of the applicant union.

The Board ruled that determining the grievance would not require assessing whether the work was correctly assigned.

The Labourers' International Union of North America, Local 1089 and the United Brotherhood of Carpenters and Joiners of America, Local 1256 disputed the assignment of work involving the installation of a new base and foundation walls at existing storage tanks at an oil refinery.

The Ontario Labour Relations Board held a consultation to resolve the jurisdictional dispute.

The Board directed that the disputed work be assigned to a composite crew comprising equal numbers of members from both unions.

Following this decision, the Labourers' union withdrew its related grievance referral.