M. Picher

The union filed a complaint alleging that the employer violated the statutory freeze under section 70(1) of the Labour Relations Act by discharging an employee without just cause, and violated the Occupational Health and Safety Act by discharging another employee for refusing unsafe work.

The Board dismissed the section 70 complaint, holding that the statutory freeze preserves the employer's right to conduct business as before, which includes the right to discharge employees for normal business reasons not motivated by anti-union sentiment.

The Board also dismissed the health and safety complaint, finding that the employee did not have reasonable grounds to believe the work was unsafe and did not actually refuse the work for safety reasons.

The applicant union applied for a declaration under section 1(4) and section 55 of the Labour Relations Act that Devon Studio and Walkerville Printing Company Limited were related employers and bound by a collective agreement.

The Board found that the two entities were under common control and direction and constituted a single employer.

The Board further held that a memorandum of agreement signed by the employer effectively bound it to a joint collective agreement negotiated subsequently.

The Board declared the entities to be a single employer bound by the collective agreement, with retroactive compensation owed to employees.