Grievance dismissed; project owner, not the respondent contractor, was the true employer of the workers.
The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the respondent employer violated the provincial collective agreement by failing to employ union members for scaling work and by subcontracting the work to non-union employees.
The work was actually performed by laid-off employees of the project owner (LOC) at the owner's insistence, to satisfy its own union.
Applying the seven-fold criteria for determining an employer-employee relationship, the Board found that LOC, not the respondent, exercised direction and control and was the true employer of the individuals performing the work.
As the respondent did not employ the workers or subcontract the work, the grievance was dismissed.
