The applicant Union sought judicial review of an Ontario Labour Relations Board decision dismissing its grievances.
The Union argued that work paid as maintenance under the General Presidents' Maintenance Agreement was actually construction and should have been paid at a higher scale under the Principal Agreement.
The Board found the Union was estopped from relying on the Principal Agreement because its business agent agreed the work would be done under the GPMA.
The Divisional Court held that the Board's application of estoppel, despite section 162 of the Labour Relations Act, was reasonable and dismissed the application.