The applicant union referred a grievance alleging non-compliance with the collective agreement and requested a determination under section 150 of the Labour Relations Act as to whether the construction of a retirement home fell within the industrial, commercial and institutional (ICI) sector or the residential sector.
The Board examined the end use and work characteristics of the facility, noting the degree of control exercised by the administrator over the residents and the provision of services akin to an institution rather than a traditional residence.
The Board concluded that the construction of the retirement home fell within the ICI sector.
