John P. Sanders on

The complainant, a robotics supervisor, left the plant during his shift because he believed the employer's plan to repair gates on robotic cells while production was running was unsafe and violated lockout procedures.

The employer subsequently refused to allow him to return to work, claiming he had quit.

The Ontario Labour Relations Board found that the complainant did not quit and that the employer failed to discharge its burden under section 24(5) of the Occupational Health and Safety Act to prove that its refusal to continue his employment was not motivated, at least in part, by his efforts to enforce the Act.

The Board ordered the employer to compensate the complainant for his lost wages.

The applicant union applied for a direction that a first collective agreement be settled by arbitration pursuant to section 40a of the Labour Relations Act.

The union argued that the employer's bargaining positions were uncompromising and without reasonable justification.

The Ontario Labour Relations Board dismissed the application, finding that the collective bargaining process had not yet been unsuccessful.

The parties had engaged in relatively few bargaining sessions, had made substantial progress, and had not fully discussed the remaining outstanding issues.

The Board concluded that the union had given up on the collective bargaining process too soon, triggered by a strike/lockout situation.

The complainant union alleged that the respondent employer failed to comply with a previous Board order directing the parties to bargain in good faith.

During a mediation meeting, the respondent tabled new proposals and insisted they be resolved before any economic issues or the union's prior proposals could be discussed.

The Board found that the respondent's insistence on limiting discussion to its own pre-conditions restricted the rational, informed discussion required by the duty to bargain in good faith.

The Board concluded the respondent failed to comply with the previous order and directed the filing of the determination with the Supreme Court for enforcement.