The complainant trade union filed an unfair labour practice complaint alleging the respondent employer violated section 14 of the Labour Relations Act by failing to bargain in good faith.
The parties had previously signed a memorandum of settlement, but the employer refused to execute the formal collective agreement, arguing it had not been properly ratified by all employees in the bargaining unit.
The Board found that the recent legislative amendment requiring all employees to participate in a ratification vote was not in effect at the time of the union's ratification.
The Board declared the employer violated section 14, directed it to execute the collective agreement, and ordered damages.
