The applicant union referred a construction industry grievance to the Board under section 124 of the Labour Relations Act, alleging the respondent employer engaged non-union personnel to perform demolition work.
The intervener union argued the grievance was essentially a jurisdictional dispute and requested deferral.
The Board agreed that the issues raised constituted a jurisdictional dispute best dealt with under section 91 of the Act.
The Board adjourned the grievance for 21 days to allow the filing of a jurisdictional dispute complaint.