The applicant union alleged that the responding employer breached the statutory freeze provisions of section 13 of the Hospital Labour Disputes Arbitration Act by unilaterally changing the work schedules of full-time and part-time employees.
The employer, a hospital laundry service, changed the schedule from four 10-hour days to five 7.5-hour days to reduce costs and remain competitive.
The Ontario Labour Relations Board applied the 'reasonable expectations' test and found that the expired collective agreement's management rights and hours of work clauses expressly contemplated the new schedule.
The Board concluded that the scheduling change was within the reasonable expectations of the parties and dismissed the application.