The applicant employer sought a declaration that the respondent employees engaged in an unlawful strike by refusing to cross a picket line established by another union at a construction site.
The respondents conceded the facts but argued their refusal was justified due to threats of violence on the picket line, analogizing to the Occupational Health and Safety Act.
The Board found no legal justification for the unlawful strike, granted the declaration, and issued cease and desist directions.