During a hearing into an unfair labour practice complaint alleging the union bargained to impasse over a single collective agreement, the union sought production of the employer negotiator's notes to test his credibility regarding alleged strike threats.
The Board ordered partial production of the notes, balancing the union's right to make a full defence against the employer's right to maintain the secrecy of its negotiating strategy.
The Board restricted production to notes directly relevant to the alleged threats and the specific proposals at issue, excluding notes detailing the employer's broader bargaining strategy.
