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.

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