Warren Smith

The applicant union filed an unfair labour practice complaint alleging that the responding party employer breached its duty to bargain in good faith under section 17 of the Labour Relations Act.

The union contended that the bargaining process for the most recent collective agreement was tainted by bad faith and material misrepresentation.

Following a lengthy hearing, the majority of the Board found no breach of the Act and dismissed the complaint, with one Board Member dissenting.

The Board issued a bottom-line decision to allow the parties to proceed with their collective bargaining relationship, with reasons to follow.

The union appealed an Inspector's decision declining to make an order after the employer refused to allow the Joint Health and Safety Committee (JHSC) to inspect areas of the workplace where contractors were working under 'care and custody' agreements.

The employer and the Ministry of Labour raised a preliminary objection that the appeal did not make out a prima facie case and sought prospective remedies beyond the Board's jurisdiction.

The Board dismissed the preliminary objection, finding an arguable case that the employer's policy of limiting JHSC inspections violated the Occupational Health and Safety Act.

The matter was remitted to a Labour Relations Officer for settlement discussions.

The responding company in an unfair labour practice complaint brought a motion for a pre-pleading production order against the Pension Commission of Ontario, a non-party.

The company sought access to records and submissions to assist in preparing its response to the complaint.

The Board dismissed the motion, holding that pre-pleading production from a non-party is inappropriate and amounts to a fishing expedition.

The Board also vacated two summonses issued to a Commission official, finding them defective and premature.