The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act, alleging that the employer violated the collective agreement by failing to consider established industry practices when assigning work.
The respondents argued the Board lacked jurisdiction because the matter was a jurisdictional dispute that should be resolved by the Impartial Jurisdictional Disputes Board.
The Board held that it has jurisdiction to interpret the language of the collective agreement, even if the grievance has jurisdictional overtones, and directed the matter to be listed for continuation of hearing.
