The applicant referred a grievance to the Ontario Labour Relations Board under section 112a of the Labour Relations Act.
The grievance spanned two provincial agreements, and the respondent union argued that the portion relating to the expired collective agreement was inarbitrable.
The Board, adopting previous jurisprudence, held that rights accruing during the life of a collective agreement are vested and not automatically extinguished by its expiry.
The Board found it had jurisdiction to deal with the grievance under both the current and expired agreements and ordered the matter to be re-listed for hearing.
