The applicant referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act.
The respondent raised a preliminary objection to the Board's jurisdiction, arguing that the collective agreement had expired and the applicant was no longer a party to it.
The Board dismissed the preliminary objection, finding that the grievance was founded on an incident that occurred during the existence of the collective agreement and was filed within the mandatory time limits.
The Board held that the right to refer the grievance to arbitration crystallized during the term of the agreement, and the matter was referred to the Registrar for listing for a further hearing.
