Fizzy Ltd. is a beverage vending machine manufacturer and supplier operating in Ontario (the "Company"). Recently Unifor Local 1111 (the "Union") was certified as the exclusive representative agent of all the employees of the Company. Accordingly, the Union served the Company with notice to bargain. Negotiations were not going well and the Union requested the appointment of a conciliator. Conciliation was unsuccessful and a "no board report" was issued 3 weeks ago by the Minister of Labour, thereby placing the parties in a lawful strike/lock-out position. As part of their actions, some employees gathered outside of a sports arena, where many of the Company machines are placed. They carried signs and distributed leaflets to pedestrians and ask them to avoid the services of the Company. Some picketers caused significant delays at the entrance to the arena, which created a huge traffic jam on the highway leading to the arena.

1. Briefly discuss the arguments for and against the legality of the picketing described above.[3 Marks]

Now assume that the parties got back to the negotiation table. They reached a collective agreement of a 3-year term and the employees were back to regular work. Then one day, the management decided to dismiss Matilda for just cause. Matilda, who has been working in the Company for the last 10 years, has forgotten to wipe the floor at the end of her night shift as required by the Company Policy. As a result, Maya, an employee who opened the next morning shift, slipped, fell, and severely injured her knee. One week prior to this incident, Matilda was late to work twice and was verbally warned. Matilda grieved her dismissal, and was unsuccessful. The Union then decided to proceed to arbitration.

2.What are Matilda's chances of winning in the arbitration procedure? Explain your answer.[4 Marks]