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First contract arbitration directed where employer maintained uncompromising, unreasonable positions on anti-union language and outsourcing.
The applicant union applied for a direction to settle a first collective agreement by arbitration under section 40a of the Labour Relations Act.
The union alleged that the employer failed to make reasonable and expeditious efforts to conclude a collective agreement and maintained uncompromising positions without reasonable justification.
The Board found that the employer's insistence on including anti-union philosophy language from its personnel manual and an overly broad job security clause restricting the union's ability to bargain regarding outsourcing with other employers constituted uncompromising positions without reasonable justification.
The Board concluded that the collective bargaining process had been unsuccessful due to these positions and directed the settlement of a first collective agreement by arbitration.
Board prioritized first contract arbitration over a termination application filed after hearings were substantially complete.
The union applied for a direction to settle a first collective agreement by arbitration.
After the hearing concluded but before the decision issued, an application to terminate the union's bargaining rights was filed.
The Board issued its decision directing arbitration without being aware of the termination application.
Upon reconsideration, the Board determined that it was appropriate under section 40a(22) of the Labour Relations Act to consider the first contract application before the termination application, given that the first contract hearing was substantially complete.
The termination application was therefore dismissed.
