The complainant union alleged that the respondent employer bargained in bad faith by failing to disclose its plans to change the role of a home for the aged and construct a new facility.
However, the union learned of these plans months before it signed a memorandum of settlement and a collective agreement.
The employer requested that the bad faith bargaining complaint be struck out.
The Ontario Labour Relations Board declined to hear the complaint, finding that because the union had ample notice of the true state of affairs before concluding the collective agreement, it was not deprived of the opportunity to respond in bargaining.
As the complaint did not disclose a breach of the Act on its face, it was dismissed.
