The union filed an unfair labour practice complaint alleging that the employer violated the Labour Relations Act, 1995 by discontinuing the practice of providing free movie passes to newly unionized front-of-house employees immediately after their first collective agreement was signed.
The employer argued it was merely enforcing an 'entire agreement' clause.
The Ontario Labour Relations Board found that while the employer was entitled to rely on the clause, its differential treatment of the front-of-house staff compared to unionized projectionists (who continued to receive passes) demonstrated an anti-union animus.
The Board declared a violation of section 72 and ordered the employer to cease and desist the discriminatory practice.
