Beth Pierson

The National Basketball Referees Association applied for a declaration that the National Basketball Association engaged in an unlawful lock-out in Ontario.

The NBA argued that Ontario labour legislation did not apply because the employment relationship was based in the United States and games in Ontario were infrequent.

The Board found that an employment relationship existed in Ontario, the NBRA was a trade union under the Act, and the lock-out was unlawful because the mandatory conciliation process had not been completed.

The Board ordered the NBA to assign NBRA members to games played in Ontario.

The applicant union sought certification for three groups of employees, submitting authorization cards as evidence of employee support.

The employer argued the cards merely expressed a desire for representation and did not constitute 'membership' or an 'application for membership' as required by the Labour Relations Act.

The Ontario Labour Relations Board reviewed the statutory history, including the impact of Bill 40, and concluded that the legislative changes did not alter the fundamental requirement for actual membership or an application for membership.

Finding that the authorization cards did not meet this standard, and refusing to admit oral evidence to cure the documentary defect, the Board dismissed the certification applications.

The union filed a complaint alleging the employer contravened section 73.1 of the Labour Relations Act by using replacement workers during a lawful strike.

The employer used an assistant manager to operate projection equipment and later to supervise an apprentice projectionist.

The Board found that the assistant manager's initial operation of the equipment violated the Act.

Furthermore, the Board held that supervising an apprentice projectionist constitutes bargaining unit work, and the employer's use of the assistant manager for this purpose also contravened section 73.1.

The Board issued a cease-and-desist direction.