The applicant union referred a grievance to arbitration under section 124 of the Labour Relations Act, alleging that Ontario Hydro violated the collective agreement by contracting with 3-L Filters Limited for the supply of equipment. 3-L Filters Limited sought standing to intervene in the arbitration proceedings, arguing that its commercial interests and proprietary rights would be directly affected if the union succeeded.
The Ontario Labour Relations Board dismissed the application for standing, holding that a third party not bound by the collective agreement is not entitled to intervene as of right, and that the Board's discretion to permit intervention should only be exercised where special labour relations circumstances exist, which were not present in this case.