The union filed an unfair labour practice complaint alleging that the employer bargained in bad faith and committed reprisals by abolishing the Quality Assurance Inspector positions after a successful classification grievance and salary arbitration.
The employer brought a preliminary motion requesting the Board to defer the matter to the Grievance Settlement Board.
The Board declined to defer, finding that the allegations involved significant statutory rights under the Labour Relations Act that were not essentially contractual in nature, and that the remedial powers of the arbitrator might be inadequate to address the alleged bad faith bargaining and anti-union animus.