Unfair labour practice complaint dismissed; withholding wage increase during freeze did not breach Act.
The union filed an unfair labour practice complaint alleging that the employer breached the statutory freeze provisions and other sections of the Labour Relations Act by failing to implement an annual wage increase during a certification drive.
The union also sought certification without a vote under section 8.
The Ontario Labour Relations Board dismissed the complaint, finding that the employer's historical pattern of wage increases was tied to a provincial pattern that had not yet been completed at the time of the complaint.
The Board found no anti-union animus or intimidatory conduct by the employer.
As no violation of the Act was established, the request for certification without a vote was denied, and the ballots from a previously ordered representation vote were directed to be counted.
United Food and Commercial Workers International Union v. Coca-Cola Ltd., 1989 CanLII 3466
