The applicant, Local 2, sought interim relief under section 92.1 of the Labour Relations Act to stay the operation of a sub-contracting clause in a collective agreement between the Metropolitan Toronto Apartment Builders Association (MTABA) and Labourers' Local 183.
Local 2 alleged that the clause, which required all bricklaying work to be performed by companies bound to Local 183 or Local 1, interfered with its bargaining rights in the residential sector.
The Board dismissed the application, finding that Local 2 failed to provide sufficient particulars regarding the source of its bargaining rights for the affected contractors.
Furthermore, the Board concluded that the potential harm to Local 183 and MTABA from staying a freely negotiated collective agreement provision outweighed the speculative harm alleged by Local 2, particularly given Local 2's delay in bringing the application.