The complainant union alleged that the employer violated the statutory freeze under section 70(1) of the Labour Relations Act by contracting out garbage collection and landfill operations, resulting in the layoff of three employees.
The employer argued it was exercising a pre-existing management right for bona fide business reasons.
The Ontario Labour Relations Board dismissed the complaint, finding that the employer had the right to contract out work prior to the freeze and had substantially progressed towards exercising that right before the freeze began.
The Board concluded that the employer's actions did not constitute an alteration of the terms or conditions of employment contrary to the Act.
