The applicant union filed a grievance alleging that the responding party general contractor violated the provincial collective agreement by subcontracting final cleanup work on a construction project to a non-union company.
The general contractor argued the final cleanup was maintenance work outside the construction industry.
The Ontario Labour Relations Board upheld the grievance, finding that the final cleanup work was necessitated by the construction project and was part of the overall construction work undertaken by the general contractor.
The Board concluded the work was covered by the collective agreement and the general contractor violated the subcontracting clause.
