Egg Films Incorporated v. IATSE, Local 849 (N.S.L.B.) (December 12, 2013)

This was an Application brought by Egg Films Incorporated (“Egg Films”) under Sections 35 and 36 Trade Union Act alleging that the IATSE, Local 849 (“IATSE”) had failed to bargain.

IATSE was certified by the Labour Board on September 27, 2012 and an Application for first contract arbitration was filed by IATSE on July 16, 2013.  This Application was brought by Egg Films on August 8, 2013.  The Board imposed a first contract on September 19, 2013.  Notwithstanding that the first contract was already imposed, Egg Films insisted on proceeding with this Application.

Following the certification in September 2012, IATSE served Egg Films with notice to bargain.  The parties met for bargaining on October 24, 2012.  At that time IATSE provided the Employer with a ‘standard agreement’.  Egg Films was represented at its negotiations solely by its President Ms. Sara Thomas.  The parties met again on November 28 at which time Egg Films identified a number of concerns with the ‘standard agreement’.  IATSE responded to Egg Films’ stated concerns by e-mail on December 6.  Ms. Thomas left on a maternity leave and did not review the e-mail until January.  During the interim period, IATSE sent a number of e-mails attempting to continue with bargaining.  Ms. Thomas proposed dates for further bargaining in March and April.  On February 13, IATSE applied for conciliation.  The Parties met a number of times between May, June and July of 2013.  During that time, the Parties exchanged a number of proposals.  Egg Films asserted that in the last of these proposals, the Union backtracked on issues that were previously agreed.  Shortly thereafter, the Union applied for first contract arbitration.

Egg Films argued that IATSE never intended to conclude a collective agreement as evidenced by the fact that the Parties were making good progress until IATSE’s final offer and that its final offer “pulled the rug out” from under the employer by reneging on issues that were previously agreed.  The Union on the other hand argued that there were genuine disputes over the terms of the contact and that parties have the right to resile from positions initially tendered throughout the bargaining process.

Ultimately, the Board held that the conduct of IATSE at all stages of bargaining “does not demonstrate and unwillingness or failure to bargain in good faith”.  In so doing, the Board held that the parties were at a genuine impasse on key issues, that parties are entitled to change and resile from positions in bargaining and that in this instance the change in position was not done in bad faith.  Additionally, the Board held that the Union’s decision to apply for first contract arbitration demonstrates that the Union was committed to finalizing a collective agreement.  For these reasons, Egg Films’ Application was dismissed.

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English (Canada)