The employer requested a final offer vote under section 34e of the Labour Relations Act during a strike.
A majority of employees voted to accept the offer, but the trade union refused to sign the collective agreement, arguing the vote was merely an opinion poll and that the employer's pre-vote communications, which included a reference to a possible plant closure, constituted unlawful coercion.
The Ontario Labour Relations Board held that a section 34e vote in favour of an offer creates a binding basis for a collective agreement in the usual case.
The Board found the employer's statements were reasonable predictions based on bargaining reality rather than unlawful threats.
The trade union was directed to execute the collective agreement.
