The union filed a complaint alleging the employer bargained in bad faith contrary to section 15 of the Labour Relations Act by failing to table a monetary offer and by insisting to impasse on a clause allowing discharge without just cause upon payment of severance.
The Board dismissed the complaint, finding that the union had never requested a monetary offer.
Regarding the discharge clause, the Board held that it does not monitor the content of bargaining proposals unless they are illegal or indicate surface bargaining.
Since a clause permitting discharge without cause is not per se illegal, the employer's insistence on it did not violate the duty to bargain in good faith.