The applicant union applied for a direction that a first collective agreement be settled by arbitration under section 40a of the Labour Relations Act.
The union alleged that the respondent private school failed to make reasonable or expeditious efforts to conclude an agreement and adopted uncompromising bargaining positions without reasonable justification regarding management rights, seniority, and layoffs.
The Board found that while the bargaining process was unsuccessful, the respondent had reasonable justification for its positions, given its financial deficit, declining enrolment, and the need to remain competitive with other private schools.
The application was dismissed, with one Board member dissenting.
