Local 58 v. The Board of Governors of Exhibition Place [2009] No. 0094-09-JD (Ontario Labour Relations Board)

Jurisdictional dispute filed by local 58 after work was assigned by the Employer to members of the International Brotherhood of Electrical Workers Local 353 (IBEW).  The work in dispute was the installation and removal of temporary video surveillance cameras and cable at various locations at Exhibition Place for the Canadian National Exhibition.  Local 58 relied on an earlier decision of the Board in Local 58 v. Board of Governors of Exhibition Place, [2002] OLRB Rep 849 wherein the Board had interpreted the recognition clause in local 58’s agreement as covering work of temporary nature (leaving work of a permanent nature to the IBEW).  The Board rejected local 58’s argument, considering that “employer practice and preference” favored the assignment of the work to the IBEW (such factors as “collective agreements”, “economy and efficiency”, “skill, training and safety” and “area practice” were found to be neutral; i.e., neither clearly in favor of local 58 or the IBEW).   

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