The applicant union filed a grievance alleging the responding party contractor violated the provincial collective agreement by subcontracting the delivery and stockpiling of drywall to a non-union supplier.
The responding party brought a preliminary motion to dismiss the grievance on the basis of res judicata or issue estoppel, relying on a prior Board decision (*Four Seasons Drywall*) which held that the delivery of drywall to a jobsite stockpile by a supplier was not construction work covered by the collective agreement.
The Board applied the test for issue estoppel and found that the same issue had been finally decided in the prior case involving the same union and supplier.
The Board concluded it should not relitigate the issue of whether delivery of drywall constitutes construction work, and dismissed the grievance.
