Harold Vance

The applicant union filed an unfair labour practice complaint alleging that the employer unlawfully locked out employees and violated the Labour Relations Act by suspending employees who wore T-shirts bearing a union slogan ('Solidarity Lives IBEW 636') to work.

The employer argued the T-shirts violated its dress code.

The Board found that wearing the T-shirts was a lawful union activity protected by the Act, as it did not disrupt operations or create a hazard.

The Board concluded that the employer's refusal to allow the employees to work was intended to compel them to refrain from exercising their rights, constituting an unlawful lock-out and a violation of sections 67, 71, and 73.1 of the Act.

The applicant union filed a complaint alleging that the responding employer engaged in an unlawful lock-out by refusing to allow employees to work while wearing union T-shirts.

The Ontario Labour Relations Board found that wearing the T-shirts was a lawful activity protected by the Labour Relations Act.

The Board concluded that the employer's refusal to allow these employees to work constituted an unlawful lock-out and that the employer violated the Act by using the services of bargaining unit employees during the lock-out.

The Board ordered the employer to cease and desist from using such services.