The applicant union filed a construction industry grievance alleging that the responding employer violated the collective agreement by failing to assign labourers to tend carpenters on scaffolding jobs.
The Board found that the employer had failed to assign at least one labourer to all scaffolding jobs, contrary to a previous jurisdictional dispute decision, and thus breached the collective agreement.
However, the Board declined to award damages, finding that the employer had not acted arbitrarily and that the correct work assignment only became clear after the previous decision was issued.