D. Hersey

The complainant trade union alleged that the respondent employer committed unfair labour practices by withholding a customary annual wage increase from bargaining unit employees during the statutory freeze period, and by engaging in surface bargaining.

The Ontario Labour Relations Board found that the employer violated section 70 of the Labour Relations Act by failing to implement the wage increase in accordance with its past practice.

The Board also found that the employer violated the duty to bargain in good faith under section 14, and unlawfully interfered with the union's representation rights under sections 56, 58, 59, and 61, by insisting on discriminatory monetary proposals and directly communicating with employees to discourage ratification of a tentative agreement.

The Board ordered the employer to resume bargaining, table a non-discriminatory monetary position, and pay damages for the withheld wage increase.

The applicant union applied for certification as the bargaining agent for part-time graduate and research assistants at York University.

The Board had previously ruled in 1975 that these assistants were not employees under the Labour Relations Act.

The applicant argued that circumstances and the Board's approach had changed, citing a recent decision involving Carleton University.

The Board found that the graduate assistantship program at York was primarily a financial aid scheme to assist needy students and attract them to the university, rather than an employment relationship based on the university's dependency on their work.

The Board concluded that the assistants were not employees within the meaning of the Act and dismissed the application.