2 total
Union breached duty to bargain in good faith by refusing to execute collective agreement after final offer vote.
The employer applied for a declaration of an unlawful strike after the union refused to sign a collective agreement reflecting a final offer that had been accepted in a section 40 vote.
The union argued the bargaining unit only covered marine operations, not woods operations, and challenged the eligibility of several voters.
The Board found that the bargaining unit included both operations and determined the eligibility of disputed voters, concluding the final offer was accepted.
The Board held that the union breached its duty to bargain in good faith by refusing to execute the agreement, but declined to declare the strike unlawful, instead directing the union to sign the agreement.
The Board has jurisdiction to determine voter eligibility in a section 40 final offer vote.
The employer filed a complaint alleging that the union engaged in an unlawful strike by failing to sign a collective agreement after employees allegedly voted to accept the employer's final offer under section 40 of the Labour Relations Act.
The union challenged the Board's jurisdiction to determine voter eligibility for the section 40 vote, arguing only the Minister could do so.
The Board ruled that it has the exclusive jurisdiction to adjudicate complaints under the Act and therefore has the authority to determine voter eligibility questions arising from a section 40 vote in order to dispose of the unlawful strike complaint.
