The applicant union referred a grievance to the Board under section 124 of the Labour Relations Act, claiming the respondent violated a collective agreement.
The union argued that a previous Board decision determining the respondent's status as an independent contractor was res judicata.
The Board held that res judicata did not apply because the respondent was not a party to the prior proceeding.
Applying the fourfold test, the Board found that the respondent was an employee of S.N. Ventilation, not an independent contractor or employer, and therefore not liable under the collective agreement.
The grievance was dismissed.
