The complainant union alleged that the respondent company bargained in bad faith by refusing to sign a collective agreement based on a May 2 offer that the union purported to accept on October 25, after a lengthy strike.
The union also alleged that the company's discharge and suspension of several employees on October 25 was an unlawful attempt to avoid a collective agreement.
The Ontario Labour Relations Board dismissed the complaint, finding that the May 2 offer had been extinguished by the passage of time and the intervening strike.
The Board also found that the disciplinary actions were a lawful attempt to make the discharges inarbitrable under the anticipated collective agreement, rather than an unlawful attempt to avoid an agreement.