M. C. Mitchnick

The complainant union filed a section 89 complaint alleging that the employer's persistent failure to adhere to collective agreement restrictions on foremen performing bargaining unit work amounted to a violation of section 50 of the Labour Relations Act.

The employer argued the issue was one of contract interpretation and requested deferral to arbitration.

The Board found that there was no broad repudiation of the collective agreement or the bargaining agent, and the issue was classically one for an arbitrator to decide based on the specific exceptions in the collective agreement.

The Board deferred the matter to arbitration and adjourned the complaint sine die for a period of one year.

The Carpenters' union applied for certification of employees of Construction P.H. Grager Inc. The Labourers' union requested reconsideration, arguing they already held bargaining rights through a prior company, Pierre A. Gratton Construction Inc., which was a related or successor employer.

The Board found that a sale of a business had occurred under section 63 of the Labour Relations Act, as the new company acquired the experience and expertise of the prior company's principal.

Consequently, the Carpenters' application was deemed a displacement application, the previous certificate was rescinded, and a representation vote was ordered.