N. B. Sattetjleld

The union filed a grievance alleging the employer violated the collective agreement's union security clause by subcontracting excavation work to a non-union equipment rental operator.

The Board found that the arrangement constituted subcontracting and that the employer violated the agreement.

However, the Board declined to award damages because the union failed to adduce evidence that it had unemployed members available to perform the work at the material time.

The Board issued a declaration and a cease and desist order.