The applicant union council referred a construction industry grievance to the Board under section 124 of the Labour Relations Act, alleging the employer violated the Pipeline Agreement by assigning swamper work to a member of the Teamsters instead of a labourer.
The Teamsters intervened, arguing the grievance was a jurisdictional dispute and that the applicant lacked status to grieve.
The Board found that the applicant was not a party to the Pipeline Agreement, which was strictly between the International union and the employer association.
Because the applicant was merely an affiliated bargaining agent and not a party to the specific collective agreement, it had no status to bring or refer the grievance.
The grievance was dismissed.
