B. F. Lee

The complainant trade union alleged that the respondent employer violated the Labour Relations Act by failing to disclose during collective bargaining that its Hamilton plant would be closed.

The employer announced the closure shortly after a new collective agreement was signed.

The Board found that the employer had made a de facto decision to close the plant during bargaining and that its failure to disclose this information was tantamount to a misrepresentation, violating the duty to bargain in good faith under section 15 of the Act.

The Board directed a hearing to determine damages.