The applicant, a general contractor, sought a direction from the Ontario Labour Relations Board to stop the respondent union from picketing its construction site.
The union was engaged in a lawful province-wide strike and began picketing after the applicant hired a non-union subcontractor to perform work previously done by the striking union's members.
The picketing caused other unionized trades to refuse to work.
The Board dismissed the application, finding that by having non-union employees perform the struck work, the applicant involved itself in the labour dispute.
Therefore, the picketing was 'in connection with a lawful strike' and protected under the Labour Relations Act.
