During a pre-hearing conference for a jurisdictional dispute regarding asbestos removal in residential buildings, the parties disagreed on whether the complainant employer was bound by a collective agreement in the residential sector.
The Ontario Labour Relations Board determined that the employer, as a member of the Master Insulators Association of Ontario Inc., was bound by the collective agreement.
The Board found that the agreement's terms explicitly covered all sectors of the construction industry, except the electrical power systems sector, and the union's attempt to negotiate a separate residential agreement did not negate the existing agreement's application to the residential sector.