The respondent employer applied for reconsideration of the Board's decision and sought a stay of the remedial order.
The employer argued the Board erred in law and jurisdiction, and that the original order improperly allowed the union to dictate the return to work protocol.
The Board dismissed the majority of the reconsideration request, finding no errors in its original decision or its internal consultation process.
However, the Board amended its remedial order regarding damages to clarify that the return to work protocol should be negotiated, changing the end date for compensation to the date the employer presents a non-discriminatory protocol.
One Board Member dissented, stating the reconsideration request should be granted in full.
