First collective agreement arbitration directed due to employer's uncompromising positions and failure to make reasonable bargaining efforts.
The union applied under section 40a of the Labour Relations Act for a direction to settle a first collective agreement by arbitration.
The parties had engaged in fourteen negotiating sessions over ten months but remained at an impasse on key issues including union security, wages, and a specific penalty clause for discharge.
The Board found that the employer had taken uncompromising positions without reasonable justification, failed to make reasonable or expeditious efforts to conclude an agreement, and effectively refused to recognize the union's bargaining authority.
The Board directed the settlement of the first collective agreement by arbitration.
United Food and Commercial Workers International Union, Local 175 v. Wendy's Restaurants of Canada Inc. Store #365, 1991 CanLII 6023