The applicants filed complaints regarding a work assignment dispute, alleging unfair labour practices under section 89 and seeking enforcement of a jurisdictional dispute settlement under section 91(14) of the Labour Relations Act.
The respondents raised preliminary objections, arguing the section 89 complaint failed to disclose a prima facie case and the Board lacked jurisdiction under section 91(14).
The Board dismissed the section 89 complaint, finding it was essentially a work assignment dispute.
However, the Board held it had jurisdiction to entertain the section 91(14) complaint because the Plan Administrator had made a clear decision.
The Board deferred consideration of the section 91(1) complaint until the section 91(14) matter was resolved.
