The union filed a grievance against the employer for violating the subcontracting provision of the provincial collective agreement by subcontracting final clean-up work to a non-union company.
In a prior decision, the Board found the employer liable.
In this remedy phase, the employer argued the union must prove that a union subcontractor had the specific expertise and equipment to perform the work.
The Board rejected this argument, holding that the union only needed to prove it had unemployed members available to perform the work, which it did.
The Board found the union entitled to damages for lost work opportunities and directed the parties to finalize the calculations.