The applicant union filed an unfair labour practice complaint alleging that the responding party employer failed to bargain in good faith.
The union argued that the employer bargained the scope clause to impasse and sought to strip the collective agreement of its substantive terms, replacing them with a cash payment enforceable only through individual commercial agreements.
The Ontario Labour Relations Board found that while the scope clause was not bargained to impasse, the employer's attempt to remove substantive provisions from the collective agreement and replace them with an unenforceable cash payment violated the duty to bargain in good faith.
The Board ordered the parties to return to the bargaining table.
