Application for first contract arbitration dismissed as collective bargaining process had not yet been unsuccessful.
The applicant union applied for a direction that a first collective agreement be settled by arbitration pursuant to section 40a of the Labour Relations Act.
The union argued that the employer's bargaining positions were uncompromising and without reasonable justification.
The Ontario Labour Relations Board dismissed the application, finding that the collective bargaining process had not yet been unsuccessful.
The parties had engaged in relatively few bargaining sessions, had made substantial progress, and had not fully discussed the remaining outstanding issues.
The Board concluded that the union had given up on the collective bargaining process too soon, triggered by a strike/lockout situation.
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Lodge 128 v. Teledyne Industries Canada Limited, 1986 CanLII 1447
