The complainant union alleged that the respondents violated section 146 of the Labour Relations Act by entering into an agreement or arrangement for concrete forming work in the industrial, commercial, and institutional sector that was contrary to the provincial collective agreement.
The respondent union brought a motion to dismiss the complaint, arguing that its relationship with the employer association was specifically exempted from the employee bargaining agency designation by the Minister of Labour under section 139 of the Act.
The Board agreed, finding that the exclusion in the designation meant the employees were not represented by affiliated bargaining agents for the purpose of section 146(2).
The complaint was dismissed for failing to establish a prima facie violation of the Act.
