The applicants referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act, seeking a determination on whether they could deduct amounts required under the new Employer Health Tax Act from their remittances to the union's Health and Welfare Fund.
The respondent union raised preliminary objections regarding the Board's jurisdiction and the arbitrability of the grievance.
The Board dismissed the grievance, finding it premature as no concrete incident or default had yet occurred.
The Board held that the applicants were essentially seeking an advisory opinion on a hypothetical situation, which is not the intended purpose of the statutory arbitration mechanism.
