The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the respondent employer violated the provincial collective agreement by failing to hire union members and by subcontracting work to a non-union firm.
The employer argued that the collective agreement had expired and that the union's notice to bargain was defective.
The Board found that the parties were bound by the provincial agreement, that the notice to bargain was valid given the parties' subsequent bargaining conduct, and that the employer had violated the hiring and subcontracting provisions.
The Board directed the parties to agree on the amount of damages owing to the union.
