In a significant ruling on a long-outstanding issue, the Ontario Labour Relations Board (OLRB) has sided with Local 793 in its grievance against Mammoet for failing to pay the correct weekly board allowance.
This follows a dispute that began with the All Canada Crane case in 2022, where the OLRB ruled that the weekly board allowance still existed and accepted the Union’s calculation of the weekly board allowance amount (daily rate x 7). All Canada Crane initially argued that the weekly allowance no longer existed but did not contest the Union’s proposed calculation. After losing on judicial review, All Canada Crane agreed to a consent award and paid the weekly board amount as per Local 793’s calculation.
Mammoet, however, challenged the decision, claiming that the All Canada Crane ruling only addressed the existence of the board allowance, not the specific amount. Local 793 argued that the All Canada Crane decision bound Mammoet due to principles like issue estoppel and res judicata, collateral attack and abuse of process and Mammoet should not be allowed to relitigate the same issue.
The OLRB sided with Local 793, stating that Mammoet could not revisit the calculation since the All Canada Crane case had already addressed it without any employer, association or employer bargaining agency objections. The Board emphasized the importance of finality in legal decisions and noted that allowing Mammoet to relitigate the issue would undermine labour relations.
As a result, the grievance was upheld, and Mammoet was ordered to pay the board allowance as calculated by the Union in the All Canada Crane case (the daily rate multiplied by 7).
“It’s unfortunate that the contractors did not view the whole issue from the perspective of an operator working on their behalf out of town and away from their families to benefit the employer and business,” Business Manager Mike Gallagher said. “There should never be any doubt that Local 793 fights for our members and defends and enforces our collective agreements.”
This decision brings clarity to a longstanding issue and ensures that the correct amount will be paid going forward. It also helps resolve grievances that have been filed and have been put on hold pending the outcome of this case. Any unresolved grievances will either now be settled on the basis of this decision or will be relisted at the OLRB, if required.
This ruling is significant as it finalizes the board allowance issue that has been lingering since the 2022 negotiations. This allows the Union and employers to focus on upcoming provincial negotiations without this issue hanging over them. For members, it clarifies that if they are entitled to the weekly board allowance, and it will be calculated at the daily rate times 7. Impacted members are encouraged to ensure going forward that when they are entitled to a weekly board allowance, it is calculated in accordance with this decision. For clarity, as of May 1, 2024, the weekly board allowance for members working under Schedule A of the Provincial Collective Agreement is $1,375.99. The daily rate is $196.57.