The applicant employer sought to alter the descriptions of conflicting bargaining units in collective agreements with two different unions under section 91(18) of the Labour Relations Act.
One union argued the Board should defer to arbitration.
The Board held that section 91(18) is a separate charging section designed to resolve representational disputes arising from conflicting bargaining unit descriptions in industrial-type collective agreements.
The Board declined to defer to arbitration because an arbitration board could not provide the requested relief of altering the bargaining unit descriptions, and decided to entertain the application.
