The complainant union filed a complaint under section 91 of the Labour Relations Act regarding a jurisdictional dispute over heat recovery operator positions at a sewage treatment plant.
As a preliminary matter, the Board considered whether the complainant had abandoned its bargaining rights with the respondent municipality.
The Board found that the complainant had not engaged in collective bargaining since 1981, failed to respond to a notice to bargain, and acquiesced to the respondent's position that similar positions fell within another union's bargaining unit.
The Board concluded that the complainant had abandoned its bargaining rights and dismissed the complaint.