The respondent employer brought a motion for reconsideration of a portion of the Board's remedial order that directed compensation for striking employees.
The employer argued that the Board's original decision changed the law regarding the rights of employers and striking employees, and relied on comments made by the Divisional Court during a judicial review application.
The majority of the Board dismissed the motion, finding that the original decision did not change the law but applied existing principles regarding employer motivation and discrimination.
The Board also declined to treat the Divisional Court's obiter comments as judicial directions, affirming its exclusive jurisdiction and the finality of its decisions under the Labour Relations Act.
One Board member dissented.
