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Application to use replacement workers during a strike dismissed as managerial personnel were sufficient.
The applicant employer, a cleaning company providing services to a community college, applied for a determination under section 73.2(12) of the Labour Relations Act to use specified replacement workers during an anticipated strike.
The employer argued that replacement workers were necessary to prevent danger to life, health, and safety under section 73.2(3) by maintaining minimum cleaning standards at the college.
The Ontario Labour Relations Board dismissed the application, finding that even if the college operated at full capacity, the employer had sufficient managerial personnel available to perform the minimum cleaning necessary to prevent such danger without the need for specified replacement workers.
