E. del Junco

The applicant union referred a grievance to arbitration under section 126 of the Labour Relations Act.

The respondent employer and intervener union requested the Board defer consideration of the grievance to allow the filing of a jurisdictional dispute under section 93.

The applicant opposed deferral, arguing that the respondent and intervener did not have a bargaining relationship.

The Board found that the contractual matters were intertwined with work assignment matters, and that the jurisdictional dispute forum was the proper venue to address the issues, even if a collective agreement did not exist between the contractor and the trade assigned the work.

The Board adjourned the grievance and allowed any party to file a jurisdictional dispute within 14 days.

The union referred a grievance to the Board alleging the employer violated the collective agreement by failing to pay travel time to nine maintenance mechanics who attended a mandatory training course outside Metro Toronto boundaries.

The employer argued that attending a training course was a 'duty' rather than 'work' and that the travel expense provision only applied to the construction industry.

The Board rejected the employer's arguments, finding that the employees were performing work on behalf of the employer and that the plain language of the collective agreement entitled them to travel expense remuneration.