H. L. Van Wyck, Q. C.

The complainant union and two registered nurses alleged that the respondent nursing home laid off the nurses due to anti-union animus, contrary to sections 64 and 66 of the Labour Relations Act, and that the layoffs violated the statutory freeze under section 13 of the Hospital Labour Disputes Arbitration Act.

The Board found that the layoffs were necessitated by a Ministry directive to transfer extended care residents, reducing the required nursing hours.

The decision on whom to lay off was made by the respondent's solicitor based on seniority, without knowledge of union membership.

The Board concluded there was no anti-union animus and that the employer was permitted to implement layoffs during the freeze period to respond to legitimate business needs, as there was no established pattern for layoffs.

The complaint was dismissed.

The complainant union alleged that the respondent employer bargained in bad faith by failing to disclose its plans to change the role of a home for the aged and construct a new facility.

However, the union learned of these plans months before it signed a memorandum of settlement and a collective agreement.

The employer requested that the bad faith bargaining complaint be struck out.

The Ontario Labour Relations Board declined to hear the complaint, finding that because the union had ample notice of the true state of affairs before concluding the collective agreement, it was not deprived of the opportunity to respond in bargaining.

As the complaint did not disclose a breach of the Act on its face, it was dismissed.