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Grievance dismissed as the union voluntarily abandoned its bargaining rights after 15 years of inactivity.
The applicant union referred a grievance to arbitration, alleging the respondent employer violated the provincial collective agreement by assigning work to non-members.
The respondent argued it was not bound by the agreement, asserting the union had abandoned its bargaining rights.
The Board found that the union had not contacted the respondent to negotiate or administer the agreement for almost 15 years, despite the respondent operating openly in the relevant geographic area.
Consequently, the Board concluded the union had voluntarily abandoned its bargaining rights prior to the introduction of province-wide bargaining, and dismissed the application.
