The union referred a grievance to the Board under section 124 of the Labour Relations Act, alleging the employer violated the provincial agreement.
The parties agreed to first determine whether the employer was actually bound by the agreement.
The Board found that although the employer had signed various documents, including a 'letter of assent' and a 'signing page', these were signed on the understanding they would not be enforced and did not constitute formal voluntary recognition.
The Board concluded the employer was not legally bound by the provincial agreement and terminated the proceedings.