The complainants, including an employers' organization and two individual contractors, filed an unfair labour practice complaint alleging that the Provincial Employer Bargaining Agency - Labourers violated section 151(2) of the Labour Relations Act.
The respondents raised preliminary objections.
The Ontario Labour Relations Board dismissed the complaint, finding that section 151(2) imposes a duty on the employer bargaining agency to represent individual employers, not constituent employers' organizations.
As the complaint did not plead facts showing how the individual contractors were adversely affected, and no duty was owed to the employers' organization, the complaint failed to establish a violation of the Act.
