The applicants referred a grievance to the Ontario Labour Relations Board under section 112a of the Labour Relations Act, alleging the respondent was bound by a provincial agreement.
The respondent denied being bound, arguing a prior working agreement did not create bargaining rights.
The applicants argued this issue was res judicata due to prior Board decisions.
The Board held that a principle analogous to res judicata applies to its proceedings and precluded the respondent from relitigating the effect of the working agreement, directing the matter to be re-listed for hearing on the merits.
