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Unfair labour practice complaint dismissed; employer's proposals constituted hard bargaining rather than bad faith.
The union filed an unfair labour practice complaint alleging that the employer bargained in bad faith during negotiations following a lengthy and unsuccessful strike.
The union argued that the employer's proposals, which included a less generous monetary offer than before the strike and a demand that the union withdraw pending unfair labour practice complaints, were illegal and designed to avoid a collective agreement.
The Board dismissed the complaint, finding that the employer was engaging in hard bargaining based on its superior bargaining power.
While the Board noted that an employer cannot use its bargaining power to compel the withdrawal of statutory complaints, it found that the union had not unequivocally refused to negotiate the issue or demanded its removal from the table, but had instead offered its own compromises.
