The applicant union referred three grievances to arbitration, alleging the respondent Board of Education violated the subcontracting clause of the provincial collective agreement by contracting masonry work to non-union employers.
The respondent argued it was merely a purchaser of construction, not an employer operating a business in the construction industry.
The Board found that the respondent exercised sufficient control over the job site and the selection of contractors to be considered engaged in a business in the construction industry.
The grievances were allowed and the applicant was entitled to compensation.
