Is there a jurisdictional dispute between a union and the employer?
Ontario, Canada
The following excerpt is from United Brotherhood of Carpenters and Joiners of America, Local 2222 v Canviro Services Corp., 2016 CanLII 8453 (ON LRB):
9. A jurisdictional dispute is still a matter among the unions involved (claiming or performing the work) and the employers who employed them or subcontracted the work to those who did. The factor of employer practice is evidence particular to the contractors involved. The decision binds no one else, although it may have persuasive value in any future assignment. So may decisions arrived at in a referral of grievance to arbitration. The sector cases are not apposite. A sector determination is a matter that has an impact on anyone who may consider performing the work in dispute. (See Corporation of the City of Sault Ste. Marie v. Labourers' International Union of North America, Local 1036 [2002] OLRB Rep Sept/Oct 870 at paragraphs 78 to 84). It is a determination about the nature of the work, regardless of who performs it.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the constitutional jurisdiction of an employer that employs employees who would otherwise be subject to provincial jurisdiction? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
What are the redacted text messages of a unionized unionized employee and the union’s lawyer? (Ontario, Canada)
Is a unionized unionized employee entitled to arbitration in a dispute arising out of a collective agreement? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
If a dispute in essence arises from the interpretation, administration, application or alleged violation of the collective agreement, does the court have jurisdiction to hear the dispute? (Ontario, Canada)
Can a trade union member sue the other members of the union on the basis of contract? (Ontario, Canada)
Can an Employment Standards Officer be found to be unqualified, unqualified or unqualified to be an employment standards officer? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
What is the test for an employment application where the payor is intentionally unemployed or under-employed? (Ontario, Canada)
