The applicant union filed an application under section 93 of the Labour Relations Act regarding a jurisdictional dispute over a newly created Health Promotion Officer position assigned to the responding union's bargaining unit.
The applicant claimed the position should be in its bargaining unit because the occupant was a registered nurse.
The Board dismissed the application, finding that the issue was a dispute over which bargaining unit a particular individual falls into based on their status, rather than a dispute over which trade union has the right to claim the performance of particular work.
The Board concluded the matter was not properly before it as a jurisdictional dispute and should be resolved through arbitration.
