The union referred a grievance to the Board under section 124 of the Labour Relations Act, alleging the employer failed to comply with bumping provisions in the province-wide collective agreement.
The union and the designated employer bargaining agency argued that a prior decision by the Joint Industry Committee (JIC) was final and binding.
The employer, who was not a member of the employer association, refused to comply.
The Board held that the designated bargaining agencies could not create a mechanism to impose a binding grievance settlement on an unwilling non-member employer, as their statutory authority is limited to conducting bargaining and concluding a provincial agreement.
The Board assumed jurisdiction to hear the grievance on its merits.
