The union filed an unfair labour practice complaint alleging that the employer engaged in surface bargaining during negotiations for first collective agreements at six retail stores.
The union argued that the employer's insistence on separate bargaining sessions, its refusal to offer unionized employees better terms than non-unionized employees, and its proposed blanket no-solicitation rule violated the duty to bargain in good faith under section 15 of the Labour Relations Act.
The Board found that the employer's bargaining structure and wage proposals constituted hard bargaining rather than surface bargaining.
However, the Board held that the employer's insistence on a blanket no-solicitation rule that prohibited union activity on company premises during non-working hours violated section 15, and directed the employer to amend its proposal.
