The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the respondent employer violated the provincial collective agreement by employing non-union members and failing to remit union dues for a construction project.
The respondent did not attend the hearing.
The union relied on the testimony of a field representative who visited the site once and spoke to workers who claimed to work for the respondent but were not union members.
The Board dismissed the grievance, finding that the union failed to prove on a balance of probabilities that the work was performed by the respondent or that the workers were employed in violation of the collective agreement, as the union's evidence amounted to conjecture rather than sufficient proof.
