Sean O'Flynn

The applicant unions sought a related employer declaration under section 1(4) of the Labour Relations Act to bind Delform Construction Limited and Ilena Construction Limited to the provincial ICI agreement binding Hardrock Forming Company.

The Board found that Delform had an established collective bargaining relationship with Labourers' Local 183.

The Board dismissed the application, reasoning that issuing a related employer declaration would create a conflict with Local 183's established bargaining rights and precipitate a jurisdictional dispute.

The union filed a complaint alleging the employer bargained in bad faith contrary to section 15 of the Labour Relations Act by failing to table a monetary offer and by insisting to impasse on a clause allowing discharge without just cause upon payment of severance.

The Board dismissed the complaint, finding that the union had never requested a monetary offer.

Regarding the discharge clause, the Board held that it does not monitor the content of bargaining proposals unless they are illegal or indicate surface bargaining.

Since a clause permitting discharge without cause is not per se illegal, the employer's insistence on it did not violate the duty to bargain in good faith.