The applicant union filed a grievance alleging the respondent company violated the union security provisions of the collective agreement by hiring two union members directly rather than through a union referral system.
The Ontario Labour Relations Board dismissed the grievance, finding that the collective agreement did not require the company to hire exclusively through the union or mandate a referral slip system.
Furthermore, the Board found that no functioning hiring hall or out-of-work list actually existed in the area at the time.
The company's direct hiring of the union members was consistent with established area practice and did not breach the agreement.
