Masonry Magazine January 1975 Page. 51
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NOVA SCOTIA
LABOUR RELATIONS BOARD
L.R.B. No. 342C (Sec. 50)
IN THE MATTER of the Trade Union Act of Nova Scotia, and
IN THE MATTER of Construction Association Management Labour Bureau Limited, P.O. Box 1026, Halifax, Nova Scotia, an employers' organization acting as agent for its members-Lundigrans Limited, P.O. Box 395, Halifax, Nova Scotia; and Miller & Hughes Limited, 795 Grand Lake Road, Sydney, Nova Scotia and Complainant Labourers' International Union of North America, Local 1115, 369 Prince Street, Sydney, Nova Scotia -and Respondent United Brotherhood of Carpenters & Joiners of America, Local 3268, P.O. Box 1048, Sydney, Nova Scotia Respondent
A COMPLAINT having been made to the Labour Relations Board Nova Scotia) on September 12, 1974, pursuant to Section 50 of the Trade Union Act that a jurisdictional dispute regarding the erection of scaffolding for masoners being performed at the Cheticamp School in Cheticamp, Nova Scotia, exists between the Labourers' International Union of North America, Local 1115, and the United Brotherhood of Carpenters & Joiners of America, Local 3268, and that a work stoppage is likely to occur as a result of this dispute;
AND the Board having considered the Complaint and the documents filed by the Complainant and the Respondents, and the representations made and evidence presented on behalf of the parties at a Hearing held on September 25, 1974;
AND the Board having been satisfied that a jurisdictional dispute does exist and that a work stoppage is likely to occur;
AND the board having arrived at a decision based on the following reasons:
Miller & Hughes Limited, a masonry contractor, is under a subcontract to Lundigrans Limited to perform masonry work in connection with the construction of a school in Cheticamp, Nova Scotia. Included in the subcontract is the erection and dismantling of tubular steel scaffolding which is being used on this project by employees of Miller & Hughes Limited except for incidental use by other tradesmen. Miller & Hughes Limited only employs members of the Labourers' Union and the Bricklayers' Union with the Labourers tendering to the Masons.
The practice of Miller & Hughes Limited in the erecting and dismantling of scaffolding has been to assign this work to the members of the Labourers' Union and this practice was followed at the Cheticamp School project until October, 1973. From October, 1973 to September, 1974, under pressure by the Carpenters' Union, this work was intermittently performed by members of the Carpenters' Union.
The Panel, in arriving at its decision, considered the principles enunciated in its Atlantic Concrete Limited Decision as set out in L.R.B. No. 239C dated February 26, 1973. In particular, the evidence of area practice persuaded the Panel that the erecting and dismantling of tubular steel scaffolding, used as it is in this case by the employees of a masonry contractor with only incidental use by other tradesmen, is commonly the work of the Labourers' Union.
THEREFORE, the Labour Relations Board (Nova Scotia) does hereby assign the erecting and dismantling of tubular steel scaffolding at the Cheticamp School, Cheticamp, Nova Scotia, to the Labourers International Union of North America, Local 1115.
Made by the Construction Industry Panel of the Labour Relations Board (Nova Scotia) at Halifax, this Twenty-seventh day of September, 1974, and signed on its behalf by the Chief Executive Officer.
P. F. LANGLOIS
Chief Executive Officer
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masonry
January, 1975
51