The applicant union filed a grievance seeking a declaration that the responding party employer was bound by the provincial ICI collective agreement.
The employer's predecessor had joined the Sarnia Construction Association as a full member, thereby assigning its bargaining rights to the Association, which in turn was a member of the designated Employer Bargaining Agency.
The Board found that by virtue of its membership in the Association, the employer was bound by the provincial ICI agreement across Ontario.
The Board rejected the employer's argument for an indefinite estoppel, ruling instead that the employer was only estopped from applying the agreement to contracts bid on or commenced prior to the date of the decision.
