The union filed complaints alleging that the employer engaged in an unlawful lock-out and committed an unfair labour practice during collective bargaining.
The union argued the lock-out was unlawful because the employer had pressed to impasse a demand that the union waive its statutory rights to pursue grievances and Board applications regarding contracting out.
The Board found that while the employer's final offer included such a demand, the offer was withdrawn prior to the lock-out and was not pressed to impasse.
The union also alleged the employer violated section 70 of the Labour Relations Act by distributing its final offer directly to employees.
The Board dismissed this complaint, finding the communication was an accurate explanation of the offer, provided after the union was informed, and did not constitute an attempt to bargain directly with employees.
