IBB wins dispute over smelter ductwork

Decision hinges on waste gas handling, reverses umpire’s ruling

BOILERMAKER LOCAL 359 (Vancouver, British Columbia) emerged victorious April 1 in a jurisdiction dispute over the assignment of waste gas ductwork at the Rio Tinto Alcan aluminum smelter upgrade near Kitimat, B.C. The Sheet Metal Workers (SMW) initiated the dispute after Bantrel Constructors assigned the work to the Boilermakers. An umpire ruled for the SMW, but arbitrator Gerald Bently reversed the ruling on appeal by Local 359. The SMW then appealed the arbitrator’s decision to the Joint Administrative Committee for the Plan, but it was denied, upholding jurisdiction for the Boilermakers.

Dale “Skipper” Branscum, Director of Construction Division Services, presented the Boilermakers’ argument at arbitration. The primary issue centered on language in a 1957 jurisdiction agreement between the IBB and the SMW. One provision stated that “duct work in connection with pot lines [electrolytic reduction cells] and furnaces in an aluminum plant” would be performed by a composite crew of two Sheet Metal Workers and one Boilermaker.

However, Branscum argued that the language is no longer applicable, because it applied to a time when waste gases were exhausted into the atmosphere through the building’s ventilation system. Environmental regulations today require those waste gases to be exhausted through dedicated ductwork that carries the gases to pollution control systems, which is clearly Boilermaker work.

Branscum said extensive preparation was required for the case, including researching archival files dating back to the 1930s. Boilermaker leaders from across Canada also assisted with advice and information. Supporting the case were IVP-WC Joe Maloney, AIP Cory Channon, IR Norm Ross, IR Guy Villemure, ND-SH (CA) Jason McInnis, RA-CSO Josh Branscum, L-359 BM-ST Martin Nicholson, L-359 ABM Ken Noga, and L-271 BM-ST Michel Trépanier.

“This is a substantial victory for our union,” said International President Newton B. Jones. “Preserving work that is rightly ours is one of the most important obligations we have. It means more opportunities for our members to earn a paycheck and more contributions to their pensions, healthcare, and other benefits. I congratulate Skipper Branscum for leading this effort and all those whose support helped us prevail in this dispute.”

IVP Maloney said the decision has far-reaching implications for Local 359 members. “The result will be millions of man-hours of work over several years. This precedent will also assist all construction locals in North America with future claims of this nature. This was truly an international effort, and I am proud to say the Boilermakers have the best jurisdictional team in the building trades. This decision also sends a clear signal to industry that Boilermakers will do what is necessary to defend and protect our jurisdiction.”