Linda R. Rothstein

The Minister of Labour referred a question to the Ontario Labour Relations Board regarding his authority to appoint a conciliation officer.

The union had requested conciliation for a 1984-1985 collective agreement, but the employer objected, arguing that the union failed to give timely notice to bargain under the 1983-1984 agreement, resulting in its automatic renewal.

The Board found that the union's late notice, given months after the agreement's expiry, did not constitute valid notice under section 53(1) of the Labour Relations Act.

Consequently, the collective agreement was automatically renewed, and the Minister lacked the authority to appoint a conciliation officer.