The complainant union filed an unfair labour practice complaint under section 78 of the Colleges Collective Bargaining Act, alleging that the grievor was dealt with contrary to section 76.
The respondents raised preliminary matters, arguing that the Board should defer to grievance arbitration.
The Board applied its established principles for deferral, noting the mature collective bargaining relationship and that the dispute was primarily contractual in nature.
The Board deferred to the arbitration process and adjourned the complaint sine die for up to one year, retaining jurisdiction to ensure the arbitration outcome is fair and not repugnant to the Act.
