The applicant union filed a jurisdictional dispute concerning the operation of cranes and forklifts at a construction site.
The responding parties objected to the Board entertaining the application, arguing that the dispute had already been decided by an arbitrator under the Canadian Plan for the Settlement of Jurisdictional Disputes in the Construction Industry.
The Board held that the applicant local union was not stipulated to the Plan, either in its own right or through its parent international union, and was not a privy of the international union.
Consequently, the applicant was not bound by the Plan's arbitration decision.
The Board declined to exercise its discretion to dismiss the application and directed that the matter be scheduled for consultation.
