The union filed grievances under section 124 of the Labour Relations Act alleging that the respondent employer breached the collective agreement by subcontracting concrete forming work to employers who used members of the Labourers' union rather than the Carpenters' union.
The respondent raised a preliminary objection, arguing that the matter was essentially a jurisdictional dispute and that the Board should defer to the section 91 jurisdictional dispute mechanism.
The Board adjourned the section 124 proceedings for 21 days to allow the respondent to file a jurisdictional dispute, noting that the panel seized with the jurisdictional dispute would be the more appropriate forum to resolve all aspects of the case.
