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First contract arbitration directed where employer refused to bargain terms covered by pre-existing native agreement.
The union applied under section 40a of the Labour Relations Act for a direction to settle a first collective agreement by arbitration.
The employer, bound by a pre-existing multi-party agreement providing employment guarantees for native workers, refused to negotiate terms for native employees that might conflict with that agreement.
The Board found that the employer's rigid adherence to the third-party agreement and refusal to recognize the union's comprehensive bargaining authority over all employees in the unit constituted a refusal to recognize the union.
Given the complex third-party interests impeding bilateral negotiations, the Board directed the settlement of the first collective agreement by arbitration.
