The applicant union applied under section 40a of the Labour Relations Act for a direction to settle a first collective agreement by arbitration.
The parties agreed that bargaining had broken down solely due to their respective positions, leaving the reasonableness of the employer's position as the only issue.
The employer insisted on a one-month loss of seniority provision for laid-off employees, which would effectively deny recall rights to its seasonal workforce.
The Board found this position to be uncompromising and without reasonable justification, noting the employer's reliance on administrative burden was unpersuasive given its computer systems.
The Board directed the settlement of a first collective agreement by arbitration.
