The complainant union alleged that the respondent employer violated the statutory freeze provision of the Labour Relations Act by failing to pay a minimum wage increase and a Christmas bonus to part-time employees following the union's certification.
The employer argued that the expiration of the previous collective agreement and the termination of the incumbent union's bargaining rights meant the payments were not caught by the freeze.
The Board held that the terms and conditions of employment, including the bonus and wage increase, were frozen as of the date of the certification application and continued throughout the freeze period.
The Board directed the employer to make the payments.
