The National Basketball Referees Association applied for a declaration that the National Basketball Association engaged in an unlawful lock-out in Ontario.
The NBA argued that Ontario labour legislation did not apply because the employment relationship was based in the United States and games in Ontario were infrequent.
The Board found that an employment relationship existed in Ontario, the NBRA was a trade union under the Act, and the lock-out was unlawful because the mandatory conciliation process had not been completed.
The Board ordered the NBA to assign NBRA members to games played in Ontario.
