The union filed an unfair labour practice complaint and an application for a declaration of an unlawful lock-out, alleging the employer threatened to move part of its operations to a new location not covered by the collective agreement unless the union agreed to concessions.
The employer subsequently moved the Packaged Gas plant to a new location in Oakville.
The Board found that the scope clause of the existing collective agreement, which covered all employees at the employer's plant in Oakville, applied to the new facility.
Furthermore, the Board held that the employer breached its duty to bargain in good faith by failing to disclose its plans for technological change and relocation during the recent round of collective bargaining when specifically asked by the union.
