Y. Fricot

The applicant union applied for a direction that a first collective agreement be settled by arbitration under section 40a of the Labour Relations Act, alleging the respondent employer took uncompromising bargaining positions and failed to make reasonable efforts to conclude an agreement.

During the hearing, the Board ruled that documents passed between the parties through a conciliation officer were inadmissible under section 111(2) of the Act.

On the merits, the Board dismissed the application, finding that the breakdown in negotiations was caused by the union's intransigence, including its insistence on an expanded recognition clause and refusal to consider the employer's proposals, rather than any unreasonable conduct by the employer.

The employer filed a complaint alleging that the union engaged in an unlawful strike by failing to sign a collective agreement after employees allegedly voted to accept the employer's final offer under section 40 of the Labour Relations Act.

The union challenged the Board's jurisdiction to determine voter eligibility for the section 40 vote, arguing only the Minister could do so.

The Board ruled that it has the exclusive jurisdiction to adjudicate complaints under the Act and therefore has the authority to determine voter eligibility questions arising from a section 40 vote in order to dispose of the unlawful strike complaint.