The applicant unions sought relief under section 93 of the Labour Relations Act, alleging that the respondent breweries were engaging in an unlawful lock-out.
The dispute arose during industry bargaining when the employers insisted on a ratification clause requiring acceptance by all bargaining units before any collective agreement would take effect.
After two bargaining units rejected the memorandum of agreement, the employers maintained the lock-out for all units, including those that had ratified.
The Board dismissed the applications, finding that the unions had voluntarily agreed to the ratification clause in the memorandum of settlement and that the employers were not legally required to offer individual agreements without the clause once the risk of the multi-unit ratification failed.
