The applicant employer referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.
The responding unions argued that the Board should exercise its newly enacted discretion under section 133(4) to refuse the referral and defer to the expedited arbitration process established in the parties' collective agreement.
The Board agreed with the unions, finding that the negotiated enforcement mechanism was a comprehensive and effective system of self-regulation tailored to the construction industry.
The Board refused to accept the referral, allowing the matter to proceed to expedited arbitration.
