Bank breached collective agreement by subcontracting to non-signatory after Board decision ended estoppel.
The union referred a grievance to arbitration alleging that the Bank breached the subcontracting provision of the provincial collective agreement by contracting with a non-signatory.
In a previous decision, the Board held that the union was estopped from relying on the subcontracting provisions until the issuance of that decision on May 3, 1995.
The Bank argued that the bidding process for the disputed project began before May 3, 1995, and therefore the estoppel still applied.
The Board found that the Bank entered into the contract after May 3, 1995, and was therefore bound to comply with the collective agreement.
The Board held that the Bank breached the agreement and remitted the matter to the parties to determine damages.
United Brotherhood of Carpenters and Joiners of America, Local Union 2050 v. Toronto Dominion Bank, 1995 CanLII 10032
