The applicant trade unions referred a grievance to the Ontario Labour Relations Board alleging that the respondent employer violated provincial collective agreements.
The employer argued it was not bound by any collective agreement, asserting that a 'working agreement' signed in 1960 with the Council was invalid because the Council was not a certified council of trade unions and the employer had no employees represented by the unions at the time of signing.
The Board held that the working agreement constituted a valid voluntary recognition agreement entered into by the Council as an agent for its affiliated trade unions.
Applying the Nicholls-Radtke principle, the Board found that signing the agreement on the understanding that the unions would supply competent workmen did not constitute unlawful employer support.
The Board directed the matter to be listed for continuation of hearing on the merits.
