The applicant union sought damages under section 126 of the Labour Relations Act for a breach of the subcontracting clause in its collective agreement, following a Board decision in a jurisdictional dispute that the work should have been assigned to its members.
The Board dismissed the application, holding that damages will generally not be awarded for an incorrect work assignment where the employer or general contractor acted reasonably in the face of conflicting collective agreement obligations.
The applicant failed to demonstrate that the responding party acted unreasonably in its initial assignment.
