T. H. Meagher

The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act, alleging that the respondent employer violated the collective agreement by reclassifying an employee to a lower wage category.

The respondent raised preliminary objections, arguing that the matter was res judicata as two prior Board decisions had already interpreted the identical collective agreement provision to apply only to lay-offs, not reclassifications.

The Board agreed, finding that the prior decisions were binding and that the applicant failed to establish a prima facie case.

The grievance was dismissed.