The applicant union referred a grievance to arbitration under section 124 of the Labour Relations Act, alleging the respondent employer violated the collective agreement by having employees perform non-destructive testing at the Pickering Nuclear Generating Station without applying the agreement.
The employer argued the agreement only applied to its construction operations, not to non-construction field work.
The Board found the union failed to prove the work in question fell within the scope of the collective agreement, as the evidence did not establish the technicians were engaged in construction operations.
The grievance was dismissed.
