The complainant union alleged that the respondents terminated the grievor's employment in response to his initiation of a grievance under the collective agreement, contrary to section 76(2)(a) of the Colleges Collective Bargaining Act.
The respondents argued that filing a grievance did not constitute the exercise of a right under the Act.
In an interim ruling, the Board held that the right to ensure compliance with a collective agreement through a grievance procedure is a fundamental lawful activity of a trade union protected by section 66 of the Act.
The Board ruled that the allegations, if proven, would constitute a violation of the Act and directed the matter to continue.