The complainant union filed a jurisdictional dispute complaint under section 81 of the Labour Relations Act, alleging that a grievance filed by a rival union against a general contractor regarding a subcontracting clause constituted a demand for work assignment.
The Board dismissed the complaint, holding that the mere filing of a grievance against a general contractor does not amount to requiring an employer to assign particular work to persons in a particular trade union within the meaning of section 81(1).
The Board reviewed the legislative history and jurisprudence, concluding that the general contractor is not the 'employer' making the work assignment in this context.
