The applicant union filed a grievance alleging that the responding parties assigned mechanical work on the Kingsway Retirement Residence project to a non-union contractor.
The parties sought a sector determination from the Ontario Labour Relations Board to decide whether the project fell within the industrial, commercial, and institutional (ICI) sector or the residential sector.
After reviewing the end-use of the facility, which included significant medical and care services, common dining, and 24-hour nursing staff, the Board concluded that the retirement residence was institutional in nature.
Consequently, the Board determined that the construction project fell within the ICI sector of the construction industry.