The applicant union referred a grievance to the Board under section 112a of the Labour Relations Act, alleging the respondent contractor violated a provincial agreement by contracting out work to a firm employing members of an intervening union.
The respondent and intervener argued the work fell within the residential sector, while the applicant claimed it was in the industrial, commercial, and institutional sector.
The Board determined that the sector issue under section 135 of the Act should be resolved prior to considering the merits of the grievance or the intervener's jurisdictional dispute complaint.