Russell Zinn

In an application for a related employer/sale of business declaration and a concurrent termination application, the union brought a motion arguing that res judicata prevented the employer from raising certain defences.

The Board held that while one issue had been previously decided, the others had not and could be raised.

The union also sought an adjournment due to the employer's failure to comply with a production order.

The Board initially refused the adjournment and directed the employer to call its evidence.

However, after the first witness's examination-in-chief, the Board ordered the production of specific existing documents and granted an adjournment to allow the union to review them before cross-examination.

The applicant employee sought to terminate the bargaining rights of the respondent union.

The union argued the application was untimely and should be postponed pending the resolution of outstanding unfair labour practice complaints against the employer.

The Board found the application timely and declined to postpone the hearing.

However, on the merits, the Board dismissed the application, finding that the applicant failed to establish that the statement of desire (petition) was voluntary, particularly given the history of employer unfair labour practices and the applicant's failure to call the key employee who originated the petition to testify.

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 collective bargaining was unsuccessful because the respondent employer maintained uncompromising positions without reasonable justification, specifically insisting on a three-year term and refusing to include a seniority rights or job security clause.

The Board found that the employer's refusal to grant seniority rights, especially given the history of unlawful terminations for union activity, and its insistence on a three-year term were without reasonable justification.

The Board directed the settlement of a first collective agreement by arbitration.

The applicant union sought certification without a representation vote under section 8 of the Labour Relations Act, alleging contraventions by the respondent employer.

During the hearing, the parties reached a settlement and filed Minutes of Settlement.

The Board accepted the settlement, found the applicant to be a trade union, defined the appropriate bargaining unit, and directed that a representation vote be taken.

The Board also ordered the respondent to post a notice to employees regarding their rights under the Act and the terms of the settlement.