The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer violated the collective agreement by employing non-union members to perform bargaining unit work.
The responding party failed to file a Request for Hearing and Notice of Intent to Defend.
Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.
The Board declared the responding party bound by the collective agreement, found it in violation, and ordered it to pay damages and produce payroll records for assessment of quantum.