Royal Oak Mines Inc. v. Canada ( Labour Relations Board )
A-695-93
Hugessen J.A.
24/3/94
6 pp.
Application for judicial review of Canada Labour Relations Board's decision finding applicant failed to bargain in good faith -- Board obliged company to resubmit terms of tentative agreement worked out at bargaining table more than eighteen months previously, imposed strict time limit on negotiation of few outstanding issues, subjecting them to binding arbitration in event of failure to agree, and imposed term for new collective agreement with back-to-work protocol -- Applicant attacking foundation of Board's finding failure to bargain in good faith and arguing remedy given going much further than permitted by s. 99(2); also arguing Board failed to show essential prerequisite to exercise of power under provision, namely relation between unfair practice, consequences and remedy -- As to finding of failure to bargain in good faith, Court reluctant to interfere with finding of fact reached by panel which acquired intimate knowledge of course of negotiations between parties -- Rational connection between consequence of breach as found by Board and order -- Board at extreme limits of permissible intrusion into collective bargain process but only went that far because of unique, tragic history of relations between parties -- Application dismissed -- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 50, 99(2).