The applicant union filed an unfair labour practice complaint alleging that the employer breached the Labour Relations Act, 1995 by unilaterally introducing a voluntary performance sharing program.
The employer argued that the program was permitted under the management rights clause or, alternatively, that the union had consented to its introduction.
The Board found that the program impacted wages and was a negotiable matter.
The Board concluded that the union had not agreed to the program's introduction, resulting in a technical breach of section 70 of the Act.
A declaration was issued, but no other remedies were granted as the employer had not intended to breach the Act.
