The applicant employer association referred a grievance to the Ontario Labour Relations Board under section 126 of the Labour Relations Act, seeking a declaration that the Trustees of the Canadian Elevator Industry Pension Plan are not required to accept contributions from employers who are not bound by a valid collective agreement.
The responding trade union objected to the Board's jurisdiction, arguing the dispute originated in Nova Scotia.
The Board found it had jurisdiction because the Trustees had exercised their contractual power to refer the policy grievance to arbitration in Ontario.
On the merits, the union conceded the employer's interpretation, and the Board declared that the Trustees are not required to accept contributions from non-member employers.
