Lorne Slotnick

The applicant union alleged that the employer committed an unfair labour practice by denying recognition bonus payments to employees who participated in a lawful strike, while paying the bonus to employees who crossed the picket line.

The employer argued that the bonus was tied to production and was reduced for any absence, relying on its discretion under the plan.

The Board found that the employer had not uniformly applied the reduction to other absences, such as a subsequent sit-in by non-striking employees.

The Board concluded that the employer's exercise of discretion was motivated by anti-union animus and discriminated against the striking employees contrary to section 67(a) of the Labour Relations Act.

The employer was ordered to compensate the striking employees.

The Union alleged that the Employer failed to bargain in good faith during pay equity negotiations and brought a preliminary motion to dismiss the Employer's application regarding a Review Officer's order on gender dominance.

The Tribunal refused to dismiss the Employer's application for delay or abuse of process, finding that meaningful bargaining had occurred.

However, the Tribunal found that the Employer failed to bargain in good faith by continuing to negotiate as if it accepted the Review Officer's first order while secretly intending to appeal it, thereby misleading the Union.

The Tribunal reserved on the quantum of compensation for wasted time and expense in evaluating job classes.

The employer applied to the Tribunal seeking a prospective interpretation of the red-circling provisions under s. 8(1)(d) of the Pay Equity Act.

The union raised a preliminary objection that the employer had not made out a prima facie case and that the matter was not ripe for adjudication.

The Tribunal agreed with the union, finding that the application was premature because a sufficient factual basis was required to determine if the statutory requirements for red-circling were met.

The Tribunal declined to render a decision in the abstract.