The complainant union filed multiple unfair labour practice complaints alleging that the respondent employer violated the statutory freeze and discriminated against employees for their union support during a displacement organizing drive.
The respondent employer raised a preliminary objection, arguing that the Board should defer the complaints to the grievance and arbitration process under the existing collective agreement with the incumbent union.
The Board dismissed the preliminary objection, declining to defer to arbitration because the complaints involved significant statutory rights, the complainant was not a party to the collective agreement, and the remedies available at arbitration might be inadequate.
