The complainant union filed unfair labour practice complaints against Ontario Hydro, EPSCA, and several construction trade unions, alleging violations of multiple sections of the Labour Relations Act arising from the implementation of a Maintenance Assist Agreement for nuclear reactor retubing work.
Ontario Hydro and EPSCA brought a motion to dismiss the complaints.
The Ontario Labour Relations Board allowed the motion and dismissed the complaints, finding that the dispute was fundamentally a jurisdictional dispute over work assignment rather than a representational issue or a violation of bargaining rights under the Act.
A dissenting member would have allowed the complaint to proceed to a hearing on the merits.
