The Toronto Transit Commission applied for a cease and desist direction, alleging that transit drivers engaged in an unlawful strike by refusing to cross a picket line at an Eaton's store, and that the union encouraged this action.
The union argued that the employer had a 30-year past practice of accommodating drivers who refused to cross picket lines.
The Board held that a concerted refusal to cross a picket line constitutes a strike under the Labour Relations Act, and that past practice or private arrangements cannot override the absolute statutory prohibition on strikes under the T.T.C. Act.
The Board issued declarations of an unlawful strike and cease and desist directions against the employees and the union.
