The complainant union filed a work assignment complaint under section 91 of the Labour Relations Act after its members were removed from a job site.
The respondent union challenged the Board's jurisdiction, arguing that no demand was ever made to the employer to assign work to members of a particular union.
The Board agreed, finding that the cancellation of the subcontractor's contract did not constitute a demand for work assignment within the meaning of section 91.
The complaint was dismissed for lack of jurisdiction.