4 total
Union's unfair labour practice complaint alleging bad faith bargaining by the employer dismissed.
The applicant union filed an unfair labour practice complaint alleging that the responding party employer breached its duty to bargain in good faith under section 17 of the Labour Relations Act.
The union contended that the bargaining process for the most recent collective agreement was tainted by bad faith and material misrepresentation.
Following a lengthy hearing, the majority of the Board found no breach of the Act and dismissed the complaint, with one Board Member dissenting.
The Board issued a bottom-line decision to allow the parties to proceed with their collective bargaining relationship, with reasons to follow.
Tribunal lacks jurisdiction to inquire into changed circumstances under the Pay Equity Act absent an existing plan.
The employers applied to the Tribunal alleging a change in the identity of the employers under the Pay Equity Act.
The employers argued that the Tribunal should determine who the employer is at different points in time due to changed circumstances, even though no pay equity plan had been posted.
The Tribunal held that it lacked jurisdiction to inquire into changed circumstances absent an existing pay equity plan.
The existence of a plan is a precondition to examining whether changed circumstances render the plan no longer appropriate.
Employer identity for pay equity purposes is determined as of the Act's effective date.
In a preliminary ruling to determine the identity of the employer for the purposes of the Pay Equity Act, the Tribunal held that the relevant point in time for the inquiry is the effective date of the Act (January 1, 1988).
However, the Tribunal noted it would also hear evidence regarding any changes in the organization up to the mandatory posting date to fashion practical remedies.
The Tribunal declined to hear evidence regarding the identity of the employer at the present time, as that was a separate question.
Tribunal modified proposed confidentiality order to balance protection of sensitive documents with public hearing obligations.
The parties requested an order from the Tribunal incorporating their agreement with respect to the production and use of sensitive business documents.
The Tribunal declined to order the agreement in its entirety, noting that it could not guarantee absolute confidentiality in light of potential freedom of information requests and its obligation to compile a public record for judicial review.
The Tribunal issued a modified protective order that balanced the parties' desire for confidentiality with the Tribunal's obligation to provide a fair and public hearing.
