Board declined to invalidate No Board Report or enjoin picketing where union sought to enforce collective agreement.
The employer brought an application under section 137 of the Labour Relations Act seeking declarations that the union abandoned its bargaining rights and that a 'No Board Report' was invalid, along with a cease and desist order against threatened picketing.
The Board declined to inquire into the abandonment of bargaining rights, noting the employer had not previously sought a declaration terminating bargaining rights and the Minister has exclusive jurisdiction over the conciliation process.
The Board also found that the union's threatened picketing was not for an unlawful purpose, as its predominant purpose was to exert lawful economic pressure to achieve a collective agreement.
The applications were dismissed after the parties signed a renewal collective agreement.
Associated Contracting Inc. v. Gallagher, 1993 CanLII 7921
