Employer's late tabling of a proposal following an unexpected arbitration award did not constitute bad faith bargaining.
The union filed an unfair labour practice complaint alleging the employer bargained in bad faith by tabling a new proposal regarding vacation pay after conciliation and the issuance of a 'no board' report.
The employer introduced the proposal immediately after receiving an arbitration award that interpreted the existing vacation pay language contrary to its past practice.
The Ontario Labour Relations Board dismissed the complaint, finding that while the employer's actions might cause uncertainty, they did not constitute an attempt to thwart the collective bargaining process or avoid a collective agreement.
The Canadian Union of Public Employees and its Local Union 1140, C.L.C. v. The Corporation of the City of Timmins - Golden Manor Home for the Aged, 1991 CanLII 6030