The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act.
The respondent employer raised a preliminary objection, arguing the Board lacked jurisdiction because the grievance pertained to non-construction maintenance work, whereas section 124 applies only to the construction industry.
The Board dismissed the preliminary objection, finding that because the applicant is a council of trade unions and the respondent operates a business in the construction industry, the Board has jurisdiction to hear the referral.
Whether the specific work falls under the collective agreement is a matter for the merits.
