The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act.
The respondent employer raised a preliminary objection that the applicant was not bound to a collective agreement with it.
The Board found that the employer was bound to a collective agreement with Local 1089, not the applicant Local 1059.
The Board held that the applicant had no jurisdiction to refer the grievance because it was not a party to the collective agreement.
The application was dismissed for lack of jurisdiction.
