The responding party employer brought a motion to defer the applicant union's grievance referral pending the filing of a jurisdictional dispute complaint under section 93 of the Labour Relations Act.
The grievance concerned the employer's assignment of piping removal work to unrepresented labourers rather than to members of the applicant union.
The Board found that while it had jurisdiction to entertain the matter as a jurisdictional dispute, it was not appropriate to defer the grievance at this stage.
The dispute primarily involved the interpretation of the collective agreement, and resolving the grievance might dispose of the jurisdictional issue entirely.
The motion to defer was dismissed.
