The union grieved the employer's refusal to hire a union member referred through the hiring hall to work at nuclear generating stations.
The employer refused to hire the grievor because of his past criminal conviction for attempting to export arms and pending U.S. charges related to smuggling aliens, both allegedly connected to the Irish Republican Army.
The Board held that while the collective agreement did not give the employer an unbridled right to reject hiring hall referrals, the employer retained the right to reject persons it believed to be unreliable or a security risk, provided it acted reasonably, in good faith, and without discrimination.
Given the catastrophic risks associated with nuclear facilities, the employer's refusal to hire the grievor was reasonable.
The grievance was dismissed with respect to the nuclear sites.
