The applicant union filed an unfair labour practice complaint seeking to enforce a first collective agreement imposed by a board of arbitration, which included a disputed union shop clause.
The responding employer refused to implement the agreement, arguing the arbitration board exceeded its jurisdiction, and filed an application for judicial review.
The Board first ruled that bargaining unit employees who opposed the union shop clause were not entitled to notice or standing in the complaint, as their employment status was not directly affected at this stage.
Ultimately, the Board declined to inquire into the union's complaint, finding that the fundamental issue of the collective agreement's validity was best determined by the Court in the pending judicial review application.
