Employer violated statutory freeze period by implementing unprecedented work-sharing arrangement instead of standard layoffs.
The complainant union alleged that the respondent employer violated the statutory freeze period under section 70(1) of the Labour Relations Act by changing shift assignments and reducing the regular weekly hours of work for certain employees.
The employer argued the changes were valid business decisions made to accommodate a shift in program focus and funding constraints.
The Ontario Labour Relations Board found that the layoffs and shift reassignments were a continuation of the employer's past practice of managing its operations and did not violate the Act.
However, the Board held that the implementation of a work-sharing arrangement, which reduced the hours of two employees instead of laying one off, was not an established practice and therefore violated the statutory freeze.
The Board ordered compensation for the affected employees and the posting of a notice.
London and District Service Workers' Union, Local 220 v. Merrymount Children's Home, 1981 CanLII 948
